Current Estate Planning Documents
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      EPOA and Will Automation

      About Product

      LYD EPOA and Will Automation brings together two of our best documents, that really are married at the hip. Rather than completing an Enduring Power Of Attorney (EPOA) and then a Will separately, you can bring these two together with our simple automation.

      Is additional legal advice necessary?

      If you are completing the Will for your own personal use, the system is simple, efficient and self-explanatory. If you would like to obtain legal help then you can book in a session with one of LY Legal lawyers, who will look at your Will and take you through various sections to ensure that nothing has escaped the estate. They can also ensure that it is legally valid and properly executed. To book in a video conference with one of our lawyers contact us: info@abbottmourly.com.au

      If you are an accountant or financial planner helping a client prepare a Will it is highly recommended to use the video conferencing solution – a low cost legal sign off option for your protection. To book in a video conference with one of our lawyers contact us: info@abbottmourly.com.au.

      ► Provided under Strategist membership.

      ► The master document has been signed off by LY Legal and is congruent with Australian law.

      General Information

      Through the use of common parties it is easy to complete the LYD Enduring Power Of Attorney for all States, as well as a Will which does not have testamentary trusts.

      For more complex clients seeking a SMSF Will and upgrades to SMSF deeds, as well as a Moat and Will (with or without testamentary trusts) use The Moat - comprehensive estate plan.

      Benefits

      •  Two important documents rolled into one catering for life and death options.
      •  EPOA covers all States and is based on local state forms.
      •  Both documents have been signed off legally but LY Legal but there is a lawyer option available.
      •  Builds strong succession planning into both documents.
      • Can be used by accountants, financial planners and trustees

      Frequently Asked Legal Questions

      Can I get legal advice with this?
      If you would like a client meeting and legal letter of advice then  LY Legal are happy to help whether face to face or video conference. Contact our legal team: info@abbottmourly.com.au
      Are they easy to use?
      Absolutely. With our simple interview system both documents can be completed in no more than 20 minutes. The main effort is working out who is the executor and who is the attorney and more importantly, what happens if they are not alive or able to act as such when the time comes. This means a substitute or replacement is required and possibly even one after that. 
      Can I use a Testamentary Trust?
      This product does not provide testamentary trusts with the Wills. We suggest that you use our Will with Testamentary Trust or the Moat which includes optional and mandatory TT options as well as an EPOA.
      Do you have a letter to give to the client?
      Yes and it comes with a fact find that can be found here: LYD Client Letters
      How long does this document take to assemble?
      Depending on the complexity of the data, this document should take approximately 10-25 secs to assemble. If you experience timing outside of this please contact Support via the Surge app, alternatively please read this article for troubleshooting tips https://info.lightyeardocs.com.au/supportcentre/troubleshooting-longer-assembly-times-timeouts

      Is this document a legal document?

      All master documents have been signed off by LY Legal lawyers. Tony Anamourlis of LY Legal advises that “at no time, due to inbuilt legal protection and security measures can a user change or amend a document on the LYD platform that has been signed off by a practicing solicitor. To do so would result in the user drafting a document of a legal nature and engaging in the provision of legal services. In addition, it would be a breach of copyright. In our opinion when completing the form fields through the LYD platform, users and their employees are merely carrying out an administrative task which is not the provision of legal advice.”

      However in some complex areas such as the insertion of a varied range of client instructions into a Will or other such documents the user must be mindful of the extent to which a document is being drafted by the user rather than merely the administrative task of completing a form where the relevant fields are inserted into the reviewed and signed legal document provided by LY Legal.

      The above advice is born out of numerous cases dating back to Re Sanderson, Ex parte Law Institute of Victoria [1927] VLR 394, 397 where the Court held:

      “if a person does a thing usually done by a solicitor, and does it in such a way as to lead to the reasonable inference that he is a solicitor – if he combines professing to be a solicitor with action usually taken by a solicitor – I think he then does act as a solicitor.”

      Likewise in ACCC v Murray (2002) 121 FCR 428, 448 where Murray was building a franchise business that involved the legal writing and drafting of Wills from scratch based on the client’s personal circumstances.  The Court held that this process was legal work.

      Is the document easy to read?

      All LYD products are written in plain English and assessed for readability. If at any time you come across any errors, please contact support@lyd.com.au.

      What lawyers sign off on the LYD documents?

      All LYD documents are prepared and signed off by LY Legal.

      Are the LYD documents reviewed regularly?

      All LYD documents form part of the LYD internal review process. We review all documents at least annually or when required to do so due to changes in legislation. Further details of this process and a review schedule is include on this website.