Why its important to have that inheritance conversation today
1. Why it is important to start up that
inheritance conversation
Presented By Owen Hodge Lawyers
2. Overview
1. Introduction
2. What happens if you die without a Will?
3. Talk with family members and your attorney to prevent
a will contest
4. What if you have been left out of a Will?
5. Get the help from us
3. Introduction
Talking to your family about your Will and other related matters is easier the
sooner you start. Quite frankly, you don’t want to leave them with a nightmarish
mess.
However, before you begin that conversation, give careful thought to your
preferences and talk to your attorney. It is better to benefit from some legal
knowledge and experience before summoning up your nearest and dearest for a
conversation.
It is much better to have that inheritance conversation than to spring a surprise.
There is no need to be lugubrious -- just consider yourself the sort of sensible
person who takes care of these things.
4. What happens
if you die without a Will?
If you die without a Will, the sum of what you own will be divided according to
priorities defined by law that generally favor a spouse and children before other
individuals. This may not be what exactly what you intend and there may be
good and sound reasons to depart from this standard formula.
You should not assume that your frequently expressed desire, even one
committed to writing, that a particular friend or relative should have a particular
object will be honored, absent a Will. Even if all assets are owned jointly with a
spouse, the transfer of those assets will take longer and can become more
complicated without a Will, all of which may make the payment of ongoing
expenses difficult.
5. What happens
if you die without a Will?
If you are in a de facto relationship, if you have divorced, remarried, if yours is a
blended family or if you have minor children for whom guardianship could
become an issue, it is especially important to have a Will. Do not neglect to
update it as your family or financial situation changes.
6. What if you have been left out of a Will?
If you were a member of the household of
someone who died and were financially
dependent on him or her but were left out of
the Will, you may be able to contest its
provisions.
The same may be true if you believe that that
the Will does not reflect the deceased
person’s intentions because of mistake, fraud
or other malicious influence.
The courts are often willing to take a second
look at Wills that do not provide for children
or spouses who might be regarded as the
natural objects of a deceased person’s
bounty. These situations require the
assistance of a skilled estate lawyer,
however.
7. GET THE HELP FROM US
At Owen Hodge Lawyers, we have been
helping clients with estate planning
issues for many years and where
necessary, with Will contests.
If you have questions about a Will, or would like to make or update one, please contact
us at 1800 780 770 as soon as possible to schedule a consultation.
It is much better to attend to this matter early, rather than to wait until the opportunity for
careful planning or timely objection is past.