Caring for family with a Will

Written on the 3 October 2019 by Arrow

Caring for family with a Will


Few of us like to think about death, let alone plan for it. But far from being morbid, getting your affairs in order and drawing up a Will is one of the kindest and most caring things you can do for your loved ones.

Not only does a Will make your wishes clear but it ensures your family isn't wrestling with legal red tape at a difficult and emotional time.

Yet despite the advantages, it's estimated 45 per cent of Australians don't have a Will.i

Who needs a Will?
The short answer is everyone over 18. Even young adults have assets such as super, personal possessions, possibly a vehicle and some savings.

Once you reach an age where you have a partner and children, along with a home and perhaps other investments, the need for a Will becomes even more pressing.

What can be included in a Will?
Generally you can and should set out where you want your physical assets (property, cars, jewellery, furniture and collectibles), financial investments (bonds, shares, bank savings) and sentimental possessions (family heirlooms) to go.

Generally, assets you jointly own, such as a house bought with your partner, pass automatically to your co-owner. But if you own property under what is called a 'tenancy in common' you can distribute your share according to your Will.

Because superannuation is held in trust, it's treated differently to other assets. The trustee of your super fund has the final say on where your money, formally referred to as a 'death benefit', ends up unless it is paid to your estate.

If you wish to be certain your death benefit goes to the person you want it to, you should fill out a 'Binding Death Benefit Nomination' form and lodge it with your super fund. You can nominate your estate as the beneficiary and your death benefits, including any life insurance, will be distributed according to your Will.

Individual life insurance payouts don't automatically go through the policyholder's Will, but if that's what you would like you can nominate your estate as the beneficiary.

How watertight are Wills?
If you invest the necessary time, effort and expense into producing a well-drafted Will, you can be more confident your wishes will be respected.

The exception to this rule occurs when it can be argued a Will treats a dependant unfairly. Classic examples are a parent leaving more to one child than another or leaving everything to a new partner and excluding children from a previous marriage.

Assets don't need to be split equally, especially if one dependant has previously received financial assistance, or has dedicated years to caring for you. But be aware a dependant who feels dudded may successfully contest your Will.

What happens when there's not a Will?
If you die without a valid Will, legally referred to as dying intestate, the relevant state or territory laws will be left to sort things out.

Someone, typically your next-of-kin, will have to apply for a grant of Letters of Administration. An administrator will then be appointed. They will divide your estate according to set formula, which differs slightly in each state but generally goes to your surviving partner and children.

Even in a best-case scenario, dying intestate may mean one or more of your loved ones will have to go through an arduous bureaucratic process during a traumatic time. In a worst-case scenario, a partner, child or friend may receive far less than you would have wished.

What's next?
There are essentially four conditions a Will needs to meet:
It has to be made by someone over 18 who is mentally competent

It has to properly dispose of all assets

It needs to be signed and witnessed appropriately

It needs to be properly drafted.
While DIY 'Will kits' may be better than nothing, if you have substantial assets, a complicated family situation, or you just want peace of mind, you'll want to engage the services of a trusted solicitor.

A Will is just one part of the estate planning process. If you would like to know more, give us a call.



The information contained on this website has been provided as general advice only. The contents have been prepared without taking account of your objectives, financial situation or needs. You should, before you make any decision regarding any information, strategies or products mentioned on this website, consult your own financial advisor to consider whether that is appropriate having regard to your own objectives, financial situation and needs.
Whilst Arrow Focus on Wealth Pty Ltd is of the view the contents of this website is based on information which is believed to be reliable, its accuracy and completeness are not guaranteed and no warranty of accuracy or reliability is given or implied and no responsibility for any loss or damage arising in any way for any representation, act or omission is accepted by Arrow Focus on Wealth Pty Ltd or GPS Wealth Ltd or any officer, agent or employee of Arrow Focus on Wealth Pty Ltd or GPS Wealth Ltd.

GPS Wealth Ltd Head Office Level 15,115 Pitt Street ,Sydney. NSW 2000 Tel: (02)8074 8599

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