Phillip, a father of two teenage children, died without a Will.  His wife therefore had to go through the longwinded process of being appointed “Administrator” of his Estate, only to receive only part of his estate, with the rest going to their children. His wife knew that this was not what Phillip would have intended.

While his wife could lodge a claim for half the assets under the Property Relationships Act, this is a lengthy and clumsy way of having to pursue entitlements.

Your Will can spell out:

  • Who you want to be the executor of your Estate (the person who deals with your estate and ensures that the wishes in your Will are followed);
  • Guardians for any infant children;
  • Where you want your personal items and assets to go;
  • Directions for your funeral and any preferences regarding cremation or burial;

Unless your wishes are written in a properly signed and witnessed Will, they will have no legal effect.  If you do not have a Will, the law decides how your Estate is to be divided.  This can produce unintended and emotionally painful results for your family and loved ones.