Starting probate

This is the most difficult job but it can honour the deceased and give you something positive to do. Look through the important papers to gather this information:

1. The executors' current addresses, phone numbers, email addresses, occupations and dates of birth;
2. Details of any bank accounts – collect copies of recent statements;
3. Detail of shares held – share certificates (if available) but any copies of recent correspondence;
4. Details of any other assets such as superannuation or allocated pensions. Check paperwork for statements;
5. If the deceased was in a nursing home, the address of its head office and the amount of the accommodation bond.
6. Details of any liabilities such as home and personal loans and credit cards;
7. A copy of the death certificate when it becomes available.
8. An estimate of the value of real estate owned.
9. A copy of rate notices that show the title details – lot no. and deposited plan.
10. Do you know where the certificates of title are? With the bank? In a safe somewhere?

Where to start making a will

Work out who you wish to be your executor – full name and address.

• The executor can be a beneficiary.
• You can have more than one executor.

Your executor should be someone who you can trust to administer your estate according to your will – that is, to obtain a grant of probate, to realise the assets and to distribute the proceeds of the sale.

You should nominate a substitute executor in case the first one dies before you or otherwise cannot act.

Make a list of your current major assets.

Do you want to make any specific gifts of property?

How do you want what is left (the residue) distributed?

It is generally better to give percentages of your residuary estate rather than fixed amounts - due to inflation.

At the same time consider these three documents for your final years:

1. Enduring Power of Attorney
   See:wills-probate.blogspot.com.au/../what-is-aeg-epoa
2. Appointment of Enduring Guardian
   See:wills-probate.blogspot.com.au/../what-is-aeg-epoa
3. Advance Care Directive
   This assists the Enduring Guardian to make difficult decisions for you.

Legal capacity

The ability to make your own decisions is called 'capacity'.

The Capacity Toolkit is a guide from the NSW Justice Department to assessing a person's capacity to make legal, medical, financial and personal decisions.

The contents of the Capacity Toolkit.

Foreword

Section 1
• Capacity at a glance
• Who is the Toolkit for?
• How do I use the Toolkit?

Section 2
• What is capacity?

Section 3
• Capacity assessment principles
• When should capacity be assessed?
• Who might assess capacity?

Section 4
• Tips on assessing capacity - what do I need to know before I start?

Section 5
• Assessing capacity in each area of life
• Personal Life
• Health
• Money and Property

Section 6
• Assisted decision-making
• How can I support a person to make their own decision?
• Resolving disagreements

Section 7
• Other Resources
• References

See

Capacity Toolkit Factsheet
justice.nsw.gov.au/diversityservices/Pages/divserv/ds_capacity_tool
Including "The person assessing you should look at your ability to understand the decision and not judge if the decision is good or bad."

Thoughts for those left behind

Under the heading Have a thought for those left behind

If a death in the family results in a war zone with the attendant legal costs and bad feeling, something has gone badly wrong.
The Deceased’s memory will be tarnished. Try to keep it simple.
Testators should not leave the Will to the last minute, especially if their judgement is declining.

This tip is one of 10 on the page
lawanddisorder.com.au/EzineOctober2016.pdf
Paul Brennan highlights the ten legal things that you need to know to either ensure that your Will will be done correctly or to prevent someone else’s Will being done to your detriment.

Life Events in NSW

This site includes links for the following topics:
Caring for Others - caring for people living with disability, mental illness, chronic condition or who are elderly. Services to help manage care responsibilities effectively.

Retirement - information about important post-career considerations, such as aged care, housing, income planning.

Death and Bereavement - support services; planning for death (Making a will); planning a funeral; registering a death and settling an estate.

Community - community funding programs, volunteering, environment and sustainability initiatives, diversity programs and homelessness resources; aimed at delivering on our community development goals.

Living in NSW also includes:
Relationships - Marriage certificates; Getting married; Registering a marriage; Changing your name after marriage; Registry office marriages; Divorce and the legal issues around separation & de facto relationships.

Starting a Family - The health and wellbeing of children up to 8 years old and their families; care for yourself and your baby; reference guide for women who are pregnant; registering the birth of your child; infertility; fostering & Adoption.

Property
Buying - advice about NSW government initiatives; such as, the First Home Plus Scheme, the Mortgage Assistance Scheme and the NSW Home Builders Bonus.
Selling a property; guidance to using an agent; Capital gains tax; retirement villages; Council Rates and Charges.
Strata schemes and your rights and responsibilities; advice and advocacy for tenants; sharing housing.

Victim Support - links to support, counselling and information services for victims of crime; information and advice about reporting crimes and making complaints.