Highlights
- While online do-it-yourself will kits are a rising trend in Australia, getting legal advice is considered a safer option.But it’s not just solicitors who provide professional assistance. You can get your will written by the State Trustees, a government office operating in each state or territory. Public Trustees still charge, but fees are regulated, nominal or fee-to-service. Fee exemptions may also apply for pensioners and people over 60.
- Solicitor Dean Kalymnios says having a will in place can save a family the hassles of going through this situation.
- Michael Spiegel say once a will is present a family conflict may be prevented. He also points out that having a will is important, not just for asset distribution, but also for nominating guardians for minors.
According to a 2015 study, only older Australians and those with significant assets most commonly had a will in place. Professor of Practice Adam Steen at Deakin University, led another large-scale study two years later. It showed that almost half of those surveyed did not have a will in place. Professor Steen says various misconceptions and superstitions are among the reasons that people refrain from making a will.
“What we found is that there's a large proportion of people who don't think that they need a will. And there's also a significant proportion of people who think if they make a will, they're going to die. Some people think ‘we don't have enough money’, ‘we're not old enough’. Those factors really apply across the board. Not just in ethnic communities, but also Anglo-Saxon communities as well," explained Professor Steen.
“If the deceased person's wishes were not known and were not explained clearly, then it leaves a lot of ambiguity. And that's where we see a lot of conflict. Make sure you have everything in place that you want. And the best situation is not only to have it in a place, but to have the conversations so the family knows what's going to happen, there's no surprises, " Spiegel concluded.
