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HOME
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Death
& Dying
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Death & Dying is an unfortunate part of life, but one that we should consider while we are alive and can make arrangements
to deal with it in as smooth a manner as possible. This is something that you definitely can’t do once you’re gone, and by failing to make arrangements now, can cause your family afterwards a lot of unnecessary stress and expense.
Having a Will means that your wishes have been set down in writing for the people left behind to follow. The Will should specify:
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who you want your
Executor
to be (you can select more than one)
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who you want the
Beneficiaries to be
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who you want to be the guardians of any children under 18
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how you want your body to be disposed of (optional, eg buried or cremated)
What happens if I don’t do anything?
If you die without a Will, then the following problems arise:
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Your family don’t know your wishes, so there is confusion as to who will be in charge of your Estate and what to do
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Because you have died without leaving written documentation on the disposal of your assets, the State Government rules on how your estate is to be divided come into play. This may leave some family members very well off, but others who need it may be short changed. Also it may mean that some assets, such as the family home, has to be sold in order to split the proceeds amongst various family members.
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In order to legally sell things like property and shares, or redeem any superannuation policy, your family will need to prepare legal documentation that gets Court approval. This takes time and is a reasonably expensive process.
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If you have left any children or dependants behind, there may be confusion as to who is to look after them
What do you need?
You need:
Tips on what to do
Get a Will done, or if you already have one, you may like to get it reviewed to ensure that it is up to date. A Will must follow certain legal criteria in order to be valid, such as being witnessed by two independent witnesses, specifying an Executor as well as at least one beneficiary, and other items if it is to be valid.
If your affairs are pretty standard, then you can do your Will instantly online using the Legalmart document creation process. You will also get an easy step by step instruction sheet on how to sign and keep your Will. If you would prefer to have a the traditional full legal service by a Lawyer, then you will also see that we offer a fixed fee service in this regard. Simply choose the option that suits you.
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4 February, 2012
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