Importance of Having Updated and Legal Will Case Study 2022

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Importance of Having Updated and Legal Will
Student’s name
Professor’s name
Institution of Affiliation
Date

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Introduction
A will refers to an official document that tells how someone would like his or her assets
shared in case of death. It also contains a listed person or an organization that would take
responsibility in carrying out a person wishes. In Australia, expectations are that large transfer of
assets will occur as a result of alteration in communal demographic modifications (Bianchi,
2014). The effect on the intergeneration transmission of this critical social and population
variations as well as a change in stages of retirement wages and assets sizes and complexity has
established close attention. Family organization is fluctuating with better recognition of
cohabitation and joint parenthood. Such modifications to the shape of marriages build
complexity. This modification regarding who should be an instant family member. And hence,
the nature of testator and recipient responsibilities. According to Public Trustee and Guardian,
making a will is the most important thing to undertake for people who spend time building
properties, insurances, and business. Having a will in Australia guarantee a person that his or her
life work is well protected and handed over to people they choose. According to this case study,
Melissa situation revolves around varying circumstances that require a change in will. Being
divorced, having children, and continuous change in the state of health need a difference in the
will (White et al., 2014). The state of public trustee and guardian encourage individual to
continuously check the will every year to make sure it reveals circumstances.
Advanced Care Planning
It is a national program across Australia that aims at giving the public information and
resources to decide their life and health care (Eswaran, W. Sharon, W. & Jonathan, 2017). Most
advance care is under the Australian government department of health. Melissa health state is
deteriorating, and advance care would help her reflect on her life. It would assist Melissa in

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honoring her wishes for end-of-life care. Although palliative care does entail end-of-life care, it
will involve the treatment of Mellissa because she is affected by a severe illness. This illness can
take time to cure, or the whole process of care will belong. We won't judge in this case, that
Mellissa is under end-of-life care since this care is for to patients who are nearing the end of their
life. However, these two methods of care are related to Mellissa situation, and the focus is to help
her spend her last times on earth with dignity. Therefore, we can rule out aspect of end-to-life
treatment. We can conclude that palliative care was put in place to help control and
improvement (Buonocore & Wiegand, 2015). It would also ensure that Mellissa can open up
with doctors, family members, and close friends when they're unable to do so, especially in this
medical crisis (Carter et al., 2016). Looking at the chances of Melissa surviving the liver
metastases, it is clear that Melissa has 3% chances of surviving. At this stage, Melissa needs to
plan her life. Having an updated will would assist Mellissa in making a decision when she is not
able to do so. It would also help a specialist treating her for cancer to spend less time consulting
and creating confusion, especially in moments of crisis (Baughman et al., 2012. The scenario
takes us to a power of attorney, which may also refer to as a health care proxy
Victorian legislation
State Trustee assist the resident of Victoria in matters concerning their will. The power of
attorney act assists in protecting the Victorian residents against abuse of enduring power of
attorney. Enactment of a new act won’t affect the previous power of attorney and it will remain
effective under the new act. Under the new act, both the enduring power of attorney also known
as financial are combine with the power of guardian to become one (Australian Securities &
Investments Commission, 2019). There is also a creation of supportive attorney appointment

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which will allow the owner of the will to determine their supportive attorney. The following
aspects fall under this act,
Power of Attorney
A power of attorney is a lawful deed that precise hand over authority to a chosen person
or persons. Mellissa, who is in palliative attention, is physically ill and mentally exhausted. As a
result of her deteriorating health, stress from her parent's medical conditions, and recent divorce
with Daniel, Mellissa is bound to make poor judgment and decision (Macrae et al., 2017).
Therefore, the power of attorney gives Mellissa a chance of changing her will. This condition
means that Melissa can make choose a person while updating her testament to make specific
monetary, health, and individual decision on her behave. She, therefore, transfer a power of
attorney to the third person. Mellissa would be a principal; a legal name which will be referring
to her. And the person who receives a power of attorney would be called an agent of attorney. A
right candidate for this position would be Joshua and Emma, Mellissa’s children. The reason
why Melissa is supposed to update this in her will is
 Diagnosis showed that she had two cancer, bowel cancer, and liver metastases.
 She needs to plan to put her house in order because of unforeseeable circumstances. Her
divorce with Daniel 10 years ago, her parents are critically ill, and she has two children
 The survival rate for liver metastases is 3% (Angelsen et al., 2017)
Types of power of attorney that can help in updating her will
Enduring Power of Attorney
Enduring power of attorney (personal) allow the custodian of Melissa's testament to
continuing making verdicts on her behalf. Even in periods where her cognitive functions won't

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be in a position to make judgments (Park & Astell, 2017). Mellissa should be able to give this
power of attorney to her children; especially now she has decided to join an advanced care
service. The reason is, to update her will, she must be purely capable of discharging decisions at
the time of handing the enduring power of attorney.
Enduring Power of Attorney (Medicinal)
This power of attorney Cleary defines Mellissa’s state. This power will allow Mellissa;
however, choose as an agent of attorney will have to decide on her behave, especially when
Mellissa can’t (Park & Astell, 2017). Mostly the preferred candidate would be Mellissa's
children. Although Mellissa can include her children on this, they are not of legal age and thus
cannot decide on behalf of their mother
Having a power of attorney will assist Mellissa in updating her will. The power would
hand over the decision to someone she loves rather than trey court selecting a person whom they
would never choose.
Importance of an Updated Will
A divorce, children, ailing parents, and deteriorating health describes Mellissa. By
updating her will, will help Mellissa to spell the kind of medical treatment subjected to her. She
would also determine if she can donate her organs (Mills & Mills, 2016). She would be in a
better position to uphold her values and wishes. Updating her testament will spell if Mellissa
would want to extend her life, especially in life machines.
Divorce
Mellissa and Daniel, according to our case study, divorced for ten years. An alteration in
marital status will affect Mellissa personal property in the event of death (Essof, 2011).
Australian law allows a spouse to be handed over assets in case a partner dies. Although in this

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case study, Mellissa divorced with Daniel, which automatically removes Daniels name on the
will, updating will remove children care in the hands of Daniel. Any assets shared to Daniel need
to be in writing. Most people in Australia are unaware of the impact of divorce on their will. In
an event a divorce happens, the will should be up to date. Marriages, in most cases, usually make
the will null and void. In this case, the separation between Mellissa and Daniel can damage the
validity of the will. Whether the status is final or it is pending, most states in Australia declare a
will to be invalid after divorce. After divorce, an ex-partner can't serve as an executor even if he
or she is in the will. Updated will is supposed to speak for Mellissa after death. Filing to update
the will in the event of divorce would make her lose valuable assets. In most instances, couples
won't recommend an ex-spouse to be the executor of their property but still choose not to adjust
changes in their will leading to property dispute (Baker, 2011)
Mellissa and Danielle had two children before the divorce. Updating her testament will
bestow particular responsibility or assets to her children. If this ignored, her estates or money
would end up in an executor like Danielle, whom they’re not together.
Change in choice of executor and guardian
Mellissa case is twisted. Her parents are sick and aged. Her mother has diabetes while her
father has COPD. Her parent can’t be preferred candidate as an executor. Besides, they have
separated with Danielle and thus revising a will affirm if she wants to stick with the similar
choices
Change in beneficiary
The updated will may be having desires that may no longer take into effect. Looking at
this case study, Melissa initial divorce with her husband, which led to a change in a relationship.
Her parents are sick, and her children are minors. This change could help Mellissa to include a

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special friend to receive assets. The friend would act as a custodian or guardian on behalf of her
children in case of death.
A will that can’t be in dispute
Australian law which rules the six states, state that having a will doesn't guarantee that a will
is safe from contestation. A will should not be ambiguous in Mellissa case update, and a decree
may warrant a will to face a challenge in the court of law. The only person who can contest
Mellissa’s will is her husband Danielle and Mellissa’s children if there listed as the beneficiary
(Sbarra, Hasselmo & Nojopranoto, 2012).. For Mellissa to have an updated will that won't be
subjected to contestation in the court of law, the language used should be very clear. There
should be a reason why a particular person does not appear in the will. However, for Mellissa
whose health is deteriorating and divorce from her ex-husband, the following should be
considered to have a well-updated will which prevents legal actions (Australian Government
Australian Securities & Investments Commission, 2019).
 The updated will should be free from tampering
 It should not be the last will drafted by Mellissa
 At the time of updating the will, Mellissa should possess proper mental judgment
 The updated will should maintain adequate provision to members of family and
beneficiary
Testamentary trust
Updating the will include a testamentary trust. It is a set out in Mellissa's will that would
come into effect upon emergencies like death (Temple, McDonald, & Rice, 2017). Mellissa's job
as a full-time administration assistant means that with time, she has accumulated some wealth. A

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testamentary trust should be included to weight the will to protect her wealth. The testamentary
trust protects minor children under the age of eighteen. It is the case with Mellissa’s children.
Another reason to include this clause is the divorce that involved Mellissa with Danielle,
the divorce was acrimonious, and it can lead to a split in assets as a part of the divorce
settlement.
Departed lacking a testament
In this case study, Mellissa is critically ill. This argument is basing its fact on the disease
she is suffering. According to Bowel Cancer in the Australia (which concentrates on having an
environment where patients aren't dying of bowel cancer), bowel cancer is treatable at initial
stages (Dijk et al., 2018). However, Mellissa’s disease is at stage 4, meaning the chances of
surviving are meagre. Liver metastases, according to the Australian Cancer Research
Foundation, the chances of surviving the disease are 11% while subjected to treatment (Macrae
et al., 2017). Therefore, taking a broader look, Mellissa can depart without updating a will.
Incase such case happens, disagreements may arise especially on who is supposed to act as an
executor or the beneficiary (Tilse et al., 2015). However, the Victorian law on cases of intestacy
determines how the sharing of deceased properties to the relatives, children, and spouses.
Melissa has minor children's who are entitled to receive a share in case of death. In case
of a dispute, the cost of administration would go high, exposing the estate to tax liability (Baker
& Gilding, 2011). To avoid this scenario, Mellissa may consider the services of an attorney.
Therefore, it justifies the need to have an update will to prevent such situations.
Conclusion
To recap, keeping the testament updated is a continuous process. Many patients will
never be in a position to decide on their health. Thus, having an updated will, is the best way to

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prepare. In Australia, only 13% of the population have made their decision and enrolled in an
advance care directive (Waran, Wallace & Dodson Jauncey, 2017‐ ). Taking time updating the
will, will make a patient consider her values which will help in future treatments. It should also
be essential to note that subjecting a patient to adverse care doesn't mean he or she is dying.
Having an advance care directive would help patients to make a decision when the time comes,
they can’t do so. This set out would also assist in maintaining a patient belief and preferences
when members of the family and the doctor are implementing them. The patient should be
encouraged to update their will to prevent disagreement in the future and suffering for their
beneficiaries.

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