Updated: Jan 8, 2019
Do you Have a Will? If not , Why not?
45% of people don’t have a Will. There could be a number of reasons behind the Why they don’t. It could be procrastination, a fear that it may hasten death or the ideals and beliefs that my family will get it anyway.
1. Procrastination can cause a whole other level of grief when you don’t action and have a Will in place. Do you think it’s fair to the living to put the through so much extra stress and grief on top of dealing with your death? Do you know what happens to your possessions? Do you believe ‘Oh I told so and so who gets what’.
2. Hasten Death. If your belief is that you think that if you put a Will in place, you might die earlier. Where do you feel that belief comes from? (Ponder) it comes from fear. Fear has control over you and can cause havoc in your life and for those who still live beyond your death. Fear thrives on havoc and chaos. Without these elements, fear can’t survive. Death is a natural part of life, that there’s no escape from. You can prolong it to a certain stage with today’s medical science but it’s evitable. Birth and Death are the only sure things. The Dash in between is the only thing you have some sort of control.
3. Estate Goes To… automatically you think everything in your estate will go to your beneficiaries (wife, husband, partner and or kids) if you don’t have a partner in some capacity. There’s a yes and no to that belief.
If you have a partner (wife, husband, defacto) your estate will go to your partner and for them to decide if any other person (kids etc) will receive anything from your estate.
Whatever the reason behind you not having a Will, there are cause and effects that comes from your decision.
If there is no Will your estate goes into what they call Intestacy. Does your estate need an Administrator to act as executor of your estate? (remembering you don’t have a Will so executor) If the estate is small approximately $3000 you may not need a Letter of Administrator (issued by the Supreme Court) to distribute your estate. Unless the policies and procedures of any companies e.g. insurance, banks etc may ask for one. If so, then you will need to apply to the Supreme Court to appoint an Administrator to the estate. The appointed will receive what is call a Letter of Administration. An Administrator can be a family member or another. If your estate is larger, then you have no choice but an Administrator to be appointed.
The Uniform Civil Procedure Rules 1999 outlines, in descending order of priority, the people who the court may grant letters of administration in instances of intestacy. These are:
· surviving spouse (including a de facto partner)
· grandchildren or great grandchildren
· brothers and sisters
· children of brothers and sisters
· uncles and aunts
· first cousins
· anyone else the court may appoint.
This bit of information is only the tip of the iceberg. The costly fees involved to have an Administrator appointed. All these the living has to deal with on top of grieving and mourning your death. You (the traveller) don’t have to deal with any of this. You’re gone, no more pain, worries or stress. The living has to carry on and deal with the fallout that comes after death. As harsh as that may sound, unfortunately that’s reality and truth.
For whatever the reason for you not having a Will, I ask please think about what you have read today and what you are potentially putting your family through. Having a Will that be signed, witnessed and dated will help those who are left behind so much easier for them.
FREE Wills at Public Trustee’s
Succession Act 1981 https://www.legislation.qld.gov.au/view/pdf/2016-03-22/act-1981-069
By Carolyn SP 22/12/2018
Disclaimer: This information was accumulated through research and experience with a grieving family.