The general advice when it comes to drafting a Will is to wait until you purchase a home or make a big life change. While that’s the right time to alter an existing Will, the reality is everyone should have a Will in place to avoid issues after an unexpected death. For the family members left behind dealing with the aftermath of their loved one’s death without a Will, it can be complicated.
What can you do if your loved one has passed without a Will?
What do you do when your loved one dies unexpectedly and there’s no Will on record?
Unfortunately, it’s more common than you might think and there’s been an increasing number of young people dying without a Will and their parents trying to process their grief while honouring their loved one.
With a Will, the process generally takes about a year from start to finish. Without a Will, there are a lot of hoops to jump through and that extends the process by several years and rack up significant legal fees.
Where do you even begin?
The first step is consulting Will and Estate lawyers who can help you navigate this difficult legal path. This isn’t a Will estate dispute, it’s a battle to retain your loved one’s material wealth and goods, even if it isn’t much.
Helen Bowen spoke to ABC News about the battle she was faced with after the sudden death of her son, Quintin. While trying to process the loss of her son, and deal with the legal situation, she lost another son, dealing another traumatic blow to an already complex situation.
Most people avoid thoughts of death, but the reality is it can happen at any time and if you haven’t taken the necessary steps to protect your assets, things can turn nasty. In Helen Bowen’s case, her son was unmarried and he had no children and as she was divorced from Quintin’s father, it was further complicated.
Bowen enlisted a Will and Estates lawyer to help her navigate the chaos during the five-year-long administration process. While they did eventually succeed in the administration of the estate, Bowen’s grieving process had been on hold as she dealt with the stress of her son dying intestate.
Without an established Will, there is a legal battle and these hurdles could be avoided with a bit of estate planning. As a result, Bowen is encouraging parents to speak to their children, no matter their age, about drafting a Will to save other families the stress and heartache of a legal battle amid their grief.
What makes up a person’s estate and what can happen to it if
no will is made?
An estate is made up of money in the bank, real estate, vehicles, stocks, shares, jewellery, and household goods.
If someone dies without a Will, their possessions are automatically inherited by their spouse. If there is no spouse, it goes to their children, and if there aren’t any children, it gets complicated. Other family members do fall in the succession line, but the battle to take possession of these is more complicated. Additionally, not everything forms part of an estate.
Unfortunately, most people assume their superannuation and life insurance aren’t automatically part of an estate and only certain people are eligible to inherit this. So in addition to creating a legally binding will, people also need to ensure they have taken steps to deal with their life insurance policy and superannuation.
Beneficiaries include children, a spouse, financial dependents, legal representative or estate. Even drafting a Will doesn’t bind your superannuation. You must take the next step to complete your superannuation fund’s binding death benefit nomination. Whether you’re 18, 31, or 42, every adult should take the necessary steps to draft a Will and ensure their superannuation and life insurance policies are in order.
Further, with the rise of cryptocurrencies, there are added complications to dying intestate. Many younger people have digital wallets where they store their crypto wealth, and without password details and account information, this can’t be accessed. That money is gone, unless people take the step to include their digital assets in a Will, which a good Will and Estate lawyer will remind you of when drafting yours.
How AJB Stevens can help if you have been left out of a Will
If you have been left out of a loved one’s Will unfairly or wrongly, you need independent legal advice you can trust. Get in touch with AJB Stevens if you’re thinking about contesting a Will. If you have reason to believe the will is invalid, doctored, or the deceased was pressured into making certain decisions, you can reach out to discuss challenging a will.
Will disputes are stressful, especially when dealing with the emotions surrounding grief. As experienced estate litigation lawyers, we can ease your emotional burden and fight on your behalf.
