If I Could Change One Thing, It Would Be to Educate My Clients on How Essential It Is to Get a Will
As a lawyer specialising in estate planning, if there’s one thing I wish I could change, it’s the way people view the importance of having a will. Too often, I see clients delay creating one, not realising how critical it is until it’s too late. A will isn’t just for the wealthy or the elderly—every adult should have one in place to protect their loved ones and ensure their wishes are carried out.
Here are some real-life scenarios where having a will made all the difference for my clients, and why I believe it’s essential for everyone.
1. Avoiding Family Disputes
One of my clients, Sarah, didn’t think she needed a will because her family was close-knit. After her sudden passing, the lack of a will led to disagreements over who should manage her estate. A simple will could have been named an executor, saving her family from a lot of stress and conflict.
A will helps to avoid family disputes by clearly stating who you want to handle your affairs.
2. Providing for Children’s Future
John and Emma, a couple with two young children, put off writing a will for years. They assumed everything would automatically go to the children. However, without a will, the court would have decided on guardianship. Once they created their will, they were able to name a guardian and set up a trust to ensure their kids’ future was secure.
A will allows you to appoint a guardian for your minor children and make sure their inheritance is managed wisely.
3. Ensuring Your Partner Is Taken Care Of
A long-term de facto couple I worked with, Mark and Lisa, had no legal documentation of their relationship. When Mark passed away unexpectedly, Lisa had to go through legal hurdles to prove her right to inherit his assets. If Mark had a will in place, it would have been a straightforward process.
A will ensures your partner, especially in de facto relationships, is legally protected and provided for.
4. Preventing Delays and Legal Complications
James, a small business owner, passed away without a will. His business was left in limbo, with no one authorised to take control of operations. His family had to go through a lengthy court process to appoint someone to handle the business, causing financial strain. A well-drafted will would have named an executor and outlined plans for his business.
A will can prevent delays and legal complications, particularly for business owners.
Finally, there’s Tom, who wanted to leave a portion of his estate to his favourite charity, as a dog lover he wanted to carry on helping dogs in need of homes. Without a will, this wouldn’t have been possible. By creating a will, he was able to ensure his legacy lived on through charitable giving.
A will allows you to leave a lasting legacy by directing assets to causes you care about.
The importance of having a will cannot be overstated. Whether it’s to protect your children, prevent family disputes, or ensure your partner is taken care of, having a will brings peace of mind. Don’t wait until it’s too late—take action today and make sure your wishes are clear.
Call (03) 9028 7603 or Email us at info@hazelegal.com.au. Let us help you.
DISCLAIMER
This is a commentary published by HazeLegal for general information purposes only. This is not meant to be taken as particular advice. You should seek your own legal and other advice for any question, or any specific situation or proposal, or get in touch with the writer at http://hazelegal.com.au before making any final decision. The content also is subject to change. A person listed may not be admitted as a lawyer in all States and Territories.
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