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Can a State Trustee fulfil the tasks of probate?

Can State Trustees Help with a Will?

In certain circumstances typically relating to an individual being unable to fulfil general tasks such as the creation of a will, state trustees may be given permission to do so on their behalf. When it comes to creating a will; disabilities, injuries and other debilitating events may impact a person’s ability to fill in the required information themselves – and that’s why the courts have opened a channel for their carers and guardians to do so on their behalf, especially where legal wills are concerned. (see Legal Answers government FAQ website)

There are several ways to create a will – from the increasingly risky written will that can be tampered and modified (and so are queried to greater extents in court), right through to digital alternatives that offer a wide range of reassurances to their authors.

How can state trustees help?

Where power of attorney can be issued to a person that is considered a viable candidate to make decisions for a person that might not be able to do so themselves, state trustees are often issued with the ability to govern a person’s financial data, as well as their legal affairs in general. There are many cases whereby an individual might not be able to fulfil their wishes due to a debilitating condition and in these scenarios, they might require assistance to do so on their behalf.

And that is where state trustees can help.

There are many different options available to state trustees and those that require their support – from executor solutions that allow a person (or people) to decide an incapacitated individual’s affairs, right through to the issuance of an enduring power of attorney. In all cases, a trustee must be a person that has been enlisted to act on behalf of an individual; not to their own gain, but to the betterment and advantage of the individual’s decisions, should they have been capable of doing so themselves.

As a result, it’s not uncommon to hear that trustees are often tasked with creating wills on behalf of a loved one – or when hiring professional services, these people will often play an impartial role, allowing them to be unbiased when making decisions on behalf of their charge. In most cases a trustee will create a will within a digital environment; one that will allow them to compile the relevant documentation and data to be provided within the will itself.

Furthermore, an online kit will often include a range of advanced security features, allowing the individual unable to create it by hand to ensure that the information is relevant and as intended. And if they aren’t able to do that, then the responsibility will fall upon their trustee to carry out their wishes instead.

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