Why Simplicity Is Far From Ideal When Creating Your Last Will

Law Blog

In reality, there is no such thing as a "straightforward" last will and testament. After all, the individual affairs of a dying person can be complicated by so many different factors, and they will invariably have a variety of different asset categories that can be affected by a number of different pieces of legislation. The situation becomes even more complex should the individual in question have been previously married but separated and where children are involved in this scenario. With this in mind, how should you proceed when taking care of your final affairs?

The Risks of Inaction

Many people tend to put off the creation of this type of legal document due not just to its complexity, but because it is a very sensitive subject, emotionally. They may find it difficult to "chop up" their lives in this way, in order to bequeath various assets and possessions to others. This type of thinking is understandable, but it could really complicate affairs if the document is not created before death.

Taking a Shortcut

With this type of unrelenting pressure, some people decide that they are going to take the easy route out and create their will using online software products, or even come up with a single paragraph "pro forma" document that goes into no detail at all. It's amazing how many problems this type of approach can create, especially if the instructions given in this type of pro forma are vague or open to several different types of interpretation.

The Risks of Brevity

Whenever a do-it-yourself approach is taken to the creation of a will, many different important legal requirements may be omitted. These requirements may seem to be over the top to the layman, but when they are correctly attributed, they can make the difference between acceptance of the will after death, or lengthy and convoluted appeals.

A Far Better Approach

It's always best for those who are yet to create their will to seek help from an experienced legal counsel, so that all of their assets can be accounted for properly. Otherwise, there is a significant risk that several loopholes will be left, and this could significantly affect the final destination of those assets.

If you really want to ensure that your dependents are well cared for, you shouldn't put off this task any longer. For more information or advice on the subject, contact a wills and estate lawyer.


17 November 2017

Learning about the law

I love watching legal dramas from all different countries. I often call up my friend who is a lawyer to ask her about whether the cases I have seen on the latest drama are realistic or if they wouldn't happen that way in Australia. It's so interesting to me to see the changes that they make to make the stories flow more convincingly as well as the differences between the law in Australian compared to other countries. This blog is for other fans of legal dramas like me and has some tips on the best places to get real legal advice (hint, it's not on the TV!).