Question 1

Are they easy to use?

Accepted Answer

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.

Question 2

Can I use a Testamentary Trust?

Accepted Answer

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.

Question 3

How long does this document take to assemble?

Accepted Answer

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 .

Question 4

Can the Will be contested?

Accepted Answer

Estates can be challenged by an eligible person including children, ex-spouses and other family members where they believe they have not been properly looked after in the Will by the Testator. If you believe that your Will may be contested due to family rifts or concerns then we suggest you contact Tony at LY Legal for advice and support: tanamourlis@tgalegal.com.au.

Question 5

Can I get legal advice with this?

Accepted Answer

If you would like a client meeting and legal letter of advice then LY Legal is happy to help whether face to face or video conference. Contact our legal team: tanamourlis@tgalegal.com.au.

Question 6

Do you have a letter to give to the client?

Accepted Answer

Yes and it comes with a fact find that can be found in LYD Client Letters.

Question 7

Are the LYD documents reviewed regularly?

Accepted Answer

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.

Question 8

Is this a legal document?

Accepted Answer

All master documents have been signed off by LY Legal. 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.

Question 9

Is the document easy to read?

Accepted Answer

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.

Question 10

Who and what is signed off by LY Legal?

Accepted Answer

All LYD documents are signed off by LY Legal, which ensures there is no breach of the Legal Professions Act in the completion of the document. Importantly there is the option to have a face to face meeting or recorded teleconference with the LY Legal. It should take less than an hour to finalise any Will and ensure it has been completed correctly and meets your needs or those of a client. Contact Tony at LY Legal Lawyers for details: tanamourlis@tgalegal.com.au.

Note that this additional sign off is not necessary to ensure the validity of your Will. Your Will is still signed off once finalised on the LYD platform. A meeting with LY Legal simply provides an additional layer of protection.

EPOA and Will Automation