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6 Things that can go wrong without a Valid Will

You will have limited say in the distribution of your assets

If you die without a will, you will be considered ‘intestate’ and your estate will be distributed according to a legal formula. Any wishes you may have regarding distribution of your assets will not necessarily be followed.

Your children may not receive benefit of your estate

As outlined above, there is a specified hierarchy for distribution should you die without a will. If you have children or step children, they may not be provided for according to your wishes.

Ex-partners may have a claim over your estate

If you have a de-facto partner (more than 2 years) and an ex-spouse (separated, not divorced), the ex-spouse and the current de-facto partner may be entitled to a share of the estate each.

Note that if you marry or subsequently re-marry, the marriage will revoke any pre-existing will. A separation or a divorce will not revoke a will.

Other beneficiaries may have a claim over your estate

Any estranged siblings may have an equal claim over your estate if you do not have a living spouse, children or parents.

It is very difficult for your family to tend to your affairs

If you die without a will, your estate may be administered by someone you do not want or trust. The ‘Executor’ or Administrator of the estate is duly appointed under a will to deal you’re your affairs. If not appointed under a will, your family must apply for letters of administration to the Court which can be a complex process.

Increased costs

If you die without a will, dealing with your estate will inevitably be more costly.

KEY POINT: It’s just not worth not having an up to date and valid will!

At the moment we are offering special discount pricing on “estate packages” – please contact us so we can help you get your affairs in order.
03 9548 5500

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Alphastream Lawyers
Google Rating
Based on 55 reviews