2 Matter Plans Included
-
ALERTS - Nil
-
Full Commentary - Wills (TAS)
-
Reference materials
-
AI Prompts
An AI prompt defines a specific task for AI to perform, like drafting a particular document, and provides clear instructions on how to execute that task. The goal is for the AI to quickly create a useful first draft of a document, which the user verifies and refines into a final version, ultimately ...
This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
-
Looking to the Future
-
Electronic Signing and Witnessing
-
101 Costs Answers
-
Papers and articles - Wills and estates
-
Estate planning - An exciting opportunity for small law firms
-
Executor's commission 1 - Executor's commission and the professional executor
-
Executor's commission 2 - Horns of a dilemma
-
Executor's commission 3 - A fiduciary duty
-
Improving written submissions - A paper by Judge Alan Troy
-
Plain language – A paper by the Hon. Michael Kirby AC CMG
-
To accept or not accept instructions in urgent will matters
-
Wills and estates - Death in the house
-
-
Further information
-
-
Overview
The law relating to wills in Tasmania is covered by the Wills Act 2008. A will is a document containing a person’s instructions on distributing their property and assets after death. Failure to make a will results in the statutory distribution of the deceased’s assets.
This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
-
Summary of the process
The usual steps in a will matter are:
This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
-
A. Getting the matter underway
-
File cover sheet - Wills and lifetime planning
-
To do list - Wills
-
First steps
-
Client details and verifying identity
-
Retainer instructions - Wills and lifetime planning - For individuals
-
Retainer instructions - Wills and lifetime planning - For couples
-
Conflict of interest check
-
Taking instructions for wills
Obtaining written instructions is vital as, in some cases, they may constitute an informal will. See Informal wills. The Retainer Instructions on the matter plan will assist a lawyer drafting a will.
This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
-
Informal wills
An informal will might be required if circumstances suggest the client may lose testamentary capacity or die before they can execute a formal will. Section 10 of the Wills Act 2008 provides that if a will fails to meet the formal requirements, the court may admit it to probate if satisfied the ...
This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
-
Testamentary capacity
Although not often an issue, the first question for a lawyer to consider when preparing a will is whether the testator has testamentary capacity. The leading authority concerning testamentary capacity is Banks v Goodfellow (1870) LR 5 QB 549, 565. In that case, Cockburn CJ held:
This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
-
Testamentary capacity checklist
-
Initial letter to client enclosing costs agreement
-
Letter to individual client to confirm instructions
-
Letter to spouse clients to confirm instructions
-
Costs
Estimating the cost of preparing a will can be difficult. The extent of work the client will require is often unclear at the outset. While many wills are simple, the complexity of a client’s financial position or family arrangements can mean hours spent taking and confirming instructions and ...
This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
-
Costs agreement - TAS
-
Scope of work - Wills and lifetime planning
-
Time and costs estimates
-
If required - Updating costs disclosure
-
Letter to client updating costs disclosure
-
Charge securing costs
-
Guarantee securing costs
-
Costs disclosure before settlement in litigation matters
-
Letter to client - Costs disclosure before settlement - NSW, VIC, and WA
-
Letter to client - Costs disclosure before settlement - QLD, SA, TAS, ACT, and NT
-
-
-
If required - Advice to client on testamentary discretionary trusts
-
Letter to client advising on testamentary trusts
-
Enclosure - Benefits of testamentary discretionary trusts
-
-
If required - Authority for deeds
-
Letter to solicitor with authority for deeds
-
Authority to solicitor to forward deeds
-
-
General deeds, agreements, execution clauses, and statutory declarations
-
Deeds and Agreements
-
Deeds
-
Deed for general use
-
Deed of guarantee
-
Deed of release
-
General deed of indemnity
-
Deed of assignment of agreement
-
Deed of gift
-
Library of standard clauses for deeds
-
Amendment
-
Confidentiality for defined information - All parties
-
Confidentiality for defined information - One party
-
Confidentiality for terms of deed - All parties
-
Confidentiality for terms of deed - One party
-
Costs
-
Counterparts
-
Dispute resolution
-
Events beyond control
-
Governing law and jurisdiction
-
Interpretation
-
No assignment
-
Notices
-
Severance
-
Waiver
-
Whole agreement
-
-
-
Agreements
-
Agreement for general use
-
Heads of agreement
-
Non-disclosure agreement - Formal
-
Non-disclosure agreement - Informal
-
Library of standard clauses for agreements
-
Amendment
-
Confidentiality for defined information - All parties
-
Confidentiality for defined information - One party
-
Confidentiality for terms of agreement - All parties
-
Confidentiality for terms of agreement - One party
-
Costs
-
Counterparts
-
Dispute resolution
-
Events beyond control
-
Governing law and jurisdiction
-
Interpretation
-
No assignment
-
Notices
-
Severance
-
Waiver
-
Whole agreement
-
-
-
Execution clauses
-
Library of execution clauses for agreements
-
Attorney
-
Authorised officer
-
Company
-
Company - Sole director
-
Individual
-
Individual - No witness
-
-
Library of execution clauses for deeds
-
Attorney
-
Authorised officer
-
Company
-
Company - Sole director
-
Individual
-
-
-
Statutory declarations
-
Commonwealth statutory declaration
-
Statutory declaration - blank - ACT
-
Statutory declaration - blank - NSW
-
Statutory declaration - blank - VIC
-
Statutory declaration - blank - QLD
-
Statutory declaration - blank - TAS
-
Statutory declaration - blank - SA
-
Statutory declaration - blank - WA
-
Statutory declaration - blank - NT
-
Standard annexure note for documents
-
-
Standard annexure note for documents
-
-
-
B. Will preparations
-
Formal requirements
The formal requirements for a valid will, as set out in s 8 of the Wills Act 2008, are that:
This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
-
Revocation and revival
Revocation Section 15 of the Wills Act 2008 deals with when and how the testator can revoke a will.
This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
-
Executors and trustees
An executor under a will is a trustee of the estate's assets. Executors hold the estate on trust, whether or not they are also appointed as trustees of specific trusts in the will. For example, if a beneficiary under a will cannot take their gift because they are under 18 years old or they do ...
This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
-
Burial and cremation
Consistent with their burden of burying the deceased, an executor has a common law right to possession of the deceased's body. The estate's administrator does not have this burden or right. Following the appointment of executors, the client often provides instructions as to burial or cremation in ...
This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
-
Guardianship of minor children
The decision whether to include a provision appointing guardians in a will can be difficult. Most often, the decision is not to appoint guardians as the children will go to the family best able to care for them at the time of the testator's death. Who this will be is unknown when making the will. ...
This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
-
Disposition of property
The disposition of property in a will can be a complex area.
This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
-
Superannuation death benefits and nomination
Many clients are surprised to learn that their superannuation does not form part of their estate and their will cannot deal with it. To ensure that superannuation funds are paid to the correct person on the death of a superannuation fund member, the member must make a binding death benefit ...
This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
-
Binding death benefit nomination notice
-
Taxes and duty
A will can give rise to various tax implications, including transfer duty, land tax, and capital gains tax. Lawyers who do not practise in this area may advise the client to seek appropriate advice from their accountant or taxation adviser before finalising the will. Seeking instruction from a ...
This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
-
Family provision claims
Eligible persons can bring a family provision claim against the estate if they were not adequately provided for in the will: s 3A of the Testator's Family Maintenance Act 1912. Eligible persons include the spouse and the children of the deceased. Children include adopted and stepchildren.
This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
-
Intestacy
The Intestacy Act 2010 provides rules regarding succession if a person dies without a will. Key definitions are:
This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
-
Challenging the validity of a will
Challenging a will questions its validity, as opposed to contesting a will which questions the fairness of its provisions. While each Australian state and territory has laws concerning wills, the circumstances and processes when challenging a will are similar across all the states.
This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
-
-
C. The will
-
Wills for individual
-
Individual will
-
Individual will creating testamentary discretionary trust
-
Individual will creating multiple testamentary discretionary trusts
-
Individual will with spouse as trustee
-
Individual will with blended family
-
-
Wills for spouses
-
Client 1 will for spouses with client 2 as trustee
-
Client 2 will for spouses with client 1 as trustee
-
-
Wills for blended families
-
Client 1 will for blended families with client 2 as trustee
-
Client 2 will for blended families with client 1 as trustee
-
-
Wills creating testamentary discretionary trusts
-
Testamentary discretionary trusts
A testamentary discretionary trust is a discretionary trust established by a will. It is also sometimes called a family trust. Although the term family trust is often used in a general sense to mean a testamentary discretionary trust which provides benefits for a testator's family, a family trust ...
This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
-
Individual will creating testamentary discretionary trust
-
Client 1 will creating testamentary discretionary trust with client 2 as executor
-
Client 2 will creating testamentary discretionary trust with client 1 as executor
-
Individual will creating multiple testamentary discretionary trusts
-
Client 1 will creating multiple testamentary discretionary trusts with client 2 as executor
-
Client 2 will creating multiple testamentary discretionary trusts with client 1 as executor
-
-
Library of clauses, deeds, contracts, and codicils
-
Asset management clause
-
Assets - Quarantining assets from a nominated jurisdiction
-
Beneficiaries - Excluding beneficiaries - Some reasons for excluding beneficiaries
-
Beneficiaries - Separate fund for particular beneficiary - Clause to establish trust
-
Body - Burial in reserved plot
-
Body - Burial with modest funeral
-
Body - Cremation
-
Body - Funeral service location
-
Body - Medical research purposes
-
Body - Medical research purposes excluded
-
Body - Organs for donation or research purposes
-
Charity - Bequests to charity
-
Civil union - Will in contemplation of civil union
-
Codicil
-
Deed not to change will
-
Deed not to change will in favour of mortgagee
-
Deemed disclaimer of an interest under this will
-
Divorce - Clause in contemplation of divorce
-
Gift of business to employees
-
Gift to spouse with reasons for children of previous marriage
-
Guardians - Appointment of guardians
-
Guardians - Appointment of guardians when other parent has not survived
-
Home - Right of occupation of home
-
Hotchpot - Excluding hotchpot
-
Hotchpot - Including hotchpot
-
Life estate clause
-
Life insurance used for debts
-
Marriage - Will in contemplation of marriage
-
Monthly payment - Establish a monthly payment not an annuity
-
Mutual wills - Contract to make mutual wills
-
Option - Grant an option to purchase to a beneficiary
-
Solicitor - Direction for appointment of solicitors
-
Solicitor executor - Clause to charge fees
-
Specific bequest of digital rights
-
Trustee - Separate trustee for minor beneficiary
-
-
Library of testamentary discretionary trust provisions
-
Testamentary discretionary trust provisions - Concise
-
Testamentary discretionary trust provisions - Extensive
-
Testamentary discretionary trust provisions creating several trusts
-
-
If required - Special disability trust - Deed, variation, and clauses
-
Special disability trusts
This type of trust, created by statute, can be set up to provide for the reasonable long-term care and accommodation needs of a family member with a severe disability. A client can establish a special disability trust inter vivos or by will. If created by a will, it can be either a testamentary ...
This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
-
Special disability trust deed inter vivos
-
Special disability trust deed by will
-
Deed of variation for special disability trust
-
Clause to leave money or property via will to pre-existing special disability trust
-
Clause establishing special disability trust by will with trust deed annexed - Executors as trustees
-
Clause establishing special disability trust by will with trust deed annexed - Appointing trustees
-
Clause to establish special disability trust - Executors as trustees
-
Clause to establish special disability trust - Executors to appoint trustees
-
Clause to establish special disability trust and discretionary trust for a beneficiary - Executors as trustees
-
Clause to establish special disability trust and discretionary trust for a beneficiary - Appointing trustees
-
-
Library of attestation clauses
-
Blind
-
Can read but unable to write
-
Can read but unable to write or make a mark
-
Can write but unable to read
-
Unable to read but can speak and understand English and can sign
-
Unable to read or speak English but can sign
-
Unable to read or write
-
Unable to speak or read English or write
-
-
If required - Multi-jurisdictional estates and international wills
-
Multi-jurisdictional estates
Australians who own property in other countries may wish to bequeath that property by a will. A valid Australian will that appoints executors to administer an estate with property in other jurisdictions may be sufficient, particularly in Commonwealth countries which reseal an Australian grant of ...
This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
-
International wills
Australia has ratified the Convention Providing a Uniform Law on the Form of an International Will. Countries that have ratified the convention will recognise a complying international will as a valid will. Schedule 5 to the Wills Act 2008 sets out the requirements for an international will, ...
This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
-
International will certificate
-
-
-
D. Execution
-
Execution
The testator must sign each page of the will in the presence of two witnesses and an authorised person, who must then sign the will in the presence of the testator. While the convention only requires the witnesses and authorised person to sign at the end of the will, it is prudent to have them sign ...
This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
-
Testamentary capacity checklist
-
Letter advising client that documents are ready for signing
-
Letter reminding client that documents are ready for signing
-
If required - Sending will for signing
-
Letter to client with will to sign
-
Enclosure - Instructions for signing
-
-
-
E. Finalising the matter
-
Storage
A will that is to be kept by the firm in safe custody, is entered into a safe custody register and placed in a trackable envelope, and never just kept on the file. The testator is provided with a copy of the will that includes the firm’s contact details either on a cover sheet or in a letter ...
This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
-
Revising the will
Testators need to review their will regularly. While not significant in the case of small estates or when a testator’s estate is to pass to their spouse and then their issue, a review may be relevant in other situations. Events that may lead to a change of a will include:
This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
-
Letter to client finalising the matter
-
Example invoice incorporating notification of client's rights - TAS
-
Invoice recital - Wills
-
Closing the file
-
File closing checklist
-
-
Comments and suggestions for By Lawyers
-
ALERTS - Nil
-
Full Commentary - Powers of Attorney, Enduring Guardianship, and Advance Care Planning (TAS)
-
Reference materials
-
AI Prompts
An AI prompt defines a specific task for AI to perform, like drafting a particular document, and provides clear instructions on how to execute that task. The goal is for the AI to quickly create a useful first draft of a document, which the user verifies and refines into a final version, ultimately ...
This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
-
Looking to the Future
-
Electronic Signing and Witnessing
-
101 Costs Answers
-
Recognition of Interstate Powers - Comparative Table
-
Papers and articles - Wills and estates
-
Estate planning - An exciting opportunity for small law firms
-
Executor's commission 1 - Executor's commission and the professional executor
-
Executor's commission 2 - Horns of a dilemma
-
Executor's commission 3 - A fiduciary duty
-
Improving written submissions - A paper by Judge Alan Troy
-
Plain language – A paper by the Hon. Michael Kirby AC CMG
-
To accept or not accept instructions in urgent will matters
-
Wills and estates - Death in the house
-
-
Further information
-
-
Overview
A power of attorney is a legal instrument under the Powers of Attorney Act 2000 by which a person, the principal, gives another, the attorney, power to make decisions and act on the principal's behalf concerning their financial affairs. The principal is also called the donor or the grantor. The ...
This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
-
Summary of the process
The usual steps in acting on the preparation of these documents are:
This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
-
A. Getting the matter underway
-
File cover sheet - Wills and lifetime planning
-
To do list - Powers of attorney, enduring guardianship, and advance care planning
-
First steps
-
Client details and verifying identity
-
Retainer instructions - Wills and lifetime planning - For individuals
-
Retainer instructions - Wills and lifetime planning - For couples
-
Conflict of interest check
-
Initial letter to client enclosing costs agreement
-
Costs agreement - TAS
-
Scope of work - Wills and lifetime planning
-
Time and costs estimates
-
If required - Updating costs disclosure
-
Letter to client updating costs disclosure
-
Charge securing costs
-
Guarantee securing costs
-
Costs disclosure before settlement in litigation matters
-
Letter to client - Costs disclosure before settlement - NSW, VIC, and WA
-
Letter to client - Costs disclosure before settlement - QLD, SA, TAS, ACT, and NT
-
-
-
General deeds, agreements, execution clauses, and statutory declarations
-
Deeds and Agreements
-
Deeds
-
Deed for general use
-
Deed of guarantee
-
Deed of release
-
General deed of indemnity
-
Deed of assignment of agreement
-
Deed of gift
-
Library of standard clauses for deeds
-
Amendment
-
Confidentiality for defined information - All parties
-
Confidentiality for defined information - One party
-
Confidentiality for terms of deed - All parties
-
Confidentiality for terms of deed - One party
-
Costs
-
Counterparts
-
Dispute resolution
-
Events beyond control
-
Governing law and jurisdiction
-
Interpretation
-
No assignment
-
Notices
-
Severance
-
Waiver
-
Whole agreement
-
-
-
Agreements
-
Agreement for general use
-
Heads of agreement
-
Non-disclosure agreement - Formal
-
Non-disclosure agreement - Informal
-
Library of standard clauses for agreements
-
Amendment
-
Confidentiality for defined information - All parties
-
Confidentiality for defined information - One party
-
Confidentiality for terms of agreement - All parties
-
Confidentiality for terms of agreement - One party
-
Costs
-
Counterparts
-
Dispute resolution
-
Events beyond control
-
Governing law and jurisdiction
-
Interpretation
-
No assignment
-
Notices
-
Severance
-
Waiver
-
Whole agreement
-
-
-
Execution clauses
-
Library of execution clauses for agreements
-
Attorney
-
Authorised officer
-
Company
-
Company - Sole director
-
Individual
-
Individual - No witness
-
-
Library of execution clauses for deeds
-
Attorney
-
Authorised officer
-
Company
-
Company - Sole director
-
Individual
-
-
-
Statutory declarations
-
Commonwealth statutory declaration
-
Statutory declaration - blank - ACT
-
Statutory declaration - blank - NSW
-
Statutory declaration - blank - VIC
-
Statutory declaration - blank - QLD
-
Statutory declaration - blank - TAS
-
Statutory declaration - blank - SA
-
Statutory declaration - blank - WA
-
Statutory declaration - blank - NT
-
Standard annexure note for documents
-
-
Standard annexure note for documents
-
-
-
B. Powers of attorney
-
Recognition of interstate instruments
See the Recognition of Interstate Powers summary table in the Reference Materials folder on the matter plan for more information.
This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
-
Purpose
A power of attorney gives the attorney the right to manage the legal and financial affairs of the principal. The power authorises the attorney to do anything that the principal may lawfully do – for example, buying and selling real estate or operating bank accounts – subject to any limitations set ...
This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
-
The difference between a general and an enduring power
A general power of attorney will cease if the principal loses capacity. An enduring power of attorney continues to have effect after the principal loses capacity.
This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
-
Parties
Donor A donor, also called the principal or the appointer, is the person who grants a power of attorney. Under s 9 of the Powers of Attorney Act 2000, a power of attorney:
This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
-
The scope of an attorney's authority
A power of attorney without restrictions on the authority of the attorney through specific conditions and limitations is considered a general power of attorney. Authorising the attorney to do anything the principal can subject to restrictions that limit the things a principal can lawfully authorise ...
This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
-
Creating a power of attorney
General power of attorney A principal makes a general power of attorney by deed or following:
This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
-
Corporations and directors
Corporations Corporations may grant powers of attorney. A corporation may expressly or impliedly authorise an agent to enter into a contract on its behalf: ss 124 and 126 of the Corporations Act 2001.
This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
-
General power of attorney
-
Particular power of attorney
-
General enduring power of attorney
-
Particular enduring power of attorney
-
Certificate of Proof of Foreign Execution
-
Registration
Section 16 provides that an act, deed, or instrument done, executed, or signed under a power of attorney by the appointed attorney has no legal effect unless the power of attorney is registered. The Recorder of Titles requires a registration application and any requested information or ...
This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
-
Registration Form
-
Library of clauses for power of attorney
-
Company appoint attorney to conduct the business of the company
-
Access to will
-
Company appoint attorney to execute documents
-
Director appointing substitute during absence
-
Discharge of mortgage
-
Purchase of real property
-
Mortgage
-
Sale of real property
-
Application for probate or administration - Executor out of jurisdiction
-
-
Duration
Section 22 of the Powers of Attorney Act provides that a power of attorney remains in force until the purpose or time for its creation is satisfied or revocation. If the power of attorney is registered, the revocation by death, bankruptcy or insolvency should also be registered by ...
This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
-
Revocation of power of attorney
-
Revocation
General powers of attorney Revocation of general powers of attorney is governed by Division 4 of the Powers of Attorney Act.
This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
-
Letter to attorney with revocation
-
Revocation of power of attorney
-
Declaration of Death, Bankruptcy or Insolvency of Donor
-
-
-
C. Enduring guardian
-
Recognition of interstate instruments
See the Recognition of Interstate Powers summary table in the Reference Materials folder on the matter plan for more information.
This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
-
Appointment
Part 5 of the Guardianship and Administration Act 1995 provides for people to appoint an enduring guardian to make medical and lifestyle decisions if the donor subsequently becomes unable by reason of a disability to make reasonable judgements about those issues themselves. Disability is ...
This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
-
Prescribed forms
Schedule 3 of the Guardianship and Administration Act includes the prescribed forms:
This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
-
Appointment of enduring guardian
-
Formal requirements
Section 32 of the Guardianship and Administration Act provides that any person over the age of 18 years can, by a written instrument, appoint another person, or two or more people jointly, to act as their enduring guardian/s. An instrument of appointment is not effective unless:
This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
-
Powers and authority
Under the combined effect of s 32(5) and s 25(1) of the Guardianship and Administration Act 1995 the appointment of enduring guardian confers power on the enduring guardian/s, subject to any conditions specified in the instrument, to make decisions in relation to the appointor’s personal ...
This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
-
Obligations
Under s 26 of the Guardianship and Administration Act an appointed guardian must:
This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
-
Registration
The appointment of enduring guardian is only valid if it is registered. The completed appointment document, together with Coversheet for Service Tasmania, must be presented in person to a Service Tasmania outlet, who will submit it for registration with the Tasmanian Civil and Administrative ...
This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
-
Appoint an enduring guardian - Services Tasmania
-
Coversheet for Services Tasmania - Tasmanian Civil & Administrative Tribunal
-
Waiver of fees Application - Tasmanian Civil & Administrative Tribunal
-
Revocation of enduring guardian
-
Revocation
Section 33 provides an appointment of an enduring guardian may be revoked at any time by the donor provided:
This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
-
Revocation of appointment of enduring guardian
-
Coversheet for Services Tasmania - Tasmanian Civil & Administrative Tribunal
-
Waiver of fees Application - Tasmanian Civil & Administrative Tribunal
-
Letter to guardian with revocation
-
-
Application for a guardianship order
If a person loses decision-making ability and has not appointed an enduring guardian, a guardianship order may be required. Section 19 provides that any person may apply to the Tasmanian Civil and Administrative Tribunal for an order appointing a guardian.
This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
-
-
D. Advance care planning
-
Recognition of interstate instruments
See the Recognition of Interstate Powers summary table in the Reference Materials folder on the matter plan for more information.
This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
-
Advance care directive
Part 5A of the Guardianship and Administration Act 1995 provides for advance care directives. An advance care directive allows a person to document their wishes and values regarding medical treatment decisions to be made on their behalf if they lack decision-making ability. Decision-making ...
This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
-
Advance care directive - Tasmanian Civil & Administrative Tribunal
-
If required - Registration
-
Registration
An advance care directive can be registered in accordance with s 35X of the Act, but is not invalid merely because it is not registered. The completed appointment document together with a Coversheet for Service Tasmania is required to be presented in person to a Service Tasmania outlet, who ...
This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
-
Coversheet for Services Tasmania - Tasmanian Civil & Administrative Tribunal
-
Waiver of fees Application - Tasmanian Civil & Administrative Tribunal
-
-
If required - Amendment or revocation of advance care directive
-
Amendment or revocation
Amending or revoking an advance care directive is easy if the maker has decision making ability. The maker can revoke an advance care directive without making a new one, or they can revoke their existing one and make a new one. In either case, they need to notify the relevant people under ...
This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
-
Revocation of advance care directive
-
Letter to authorised decision maker with revocation
-
Letter to third party with revocation
-
Coversheet for Services Tasmania - Tasmanian Civil & Administrative Tribunal
-
Waiver of fees Application - Tasmanian Civil & Administrative Tribunal
-
-
-
E. Finalising the matter
-
Letter advising client that documents are ready for signing
-
If required - Instructions for signing
-
Enclosure - Instructions for signing
-
-
Finalising the matter
As with wills, clients should be apprised of the need to revise their arrangements should their situation alter; particularly in the event of the death or incapacity of a nominated person, or a client's separation, divorce or remarriage. For this reason, a copy of the documents, if not the ...
This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
-
Letter to client finalising the matter
-
Letter to attorney re general power - Commencement on signing
-
Letter to attorney re enduring power - Commencement on signing
-
Letter to appointed guardian advising of their role
-
Example invoice incorporating notification of client's rights - TAS
-
Closing the file
-
File closing checklist
-
-
Comments and suggestions for By Lawyers
