Wed Apr 14

Dead giveaway: 3 consequences of dying without a Will

Written by Adam Lubofsky

Here’s a fun fact you may have read before: more than 70% of Australian adults don’t have a Will.

We get it: the paperwork, the costs and complications in figuring out who gets what, and the thought of having to go to a lawyer is just the tip of the iceberg.

But if you die without a Will, death is only the beginning.

How is your estate distributed if you die without a Will

Simply put: if you die without a Will, known as intestate, you’re going to leave your estate in a state.

This can be a huge problem, because you’re effectively leaving the government in charge, and they’re going to go with the easiest legal path. In other words, the person you want to inherit your estate could be pushed aside for a person with a legal claim.

There’s a few scenarios we can think of that would spell trouble: you’ve been separated from your partner and weren’t planning on leaving them the largest share of your estate, but the State counts them as having the best legal claim. The closest relative is your sibling, who you haven’t seen in years. You wanted to leave all your assets to charity. And if you don’t have any remaining relatives? The State inherits your estate and uses it as they please.

Missed opportunities if you die without a Will

Will you miss me? Your best friend, who’s been with you through thick and thin. Your neighbour who is like a son. Your favourite charity, where you volunteered for decades. The necklace you wanted specifically to go to your niece.

If you die without a will, you miss the opportunity to say goodbye to your loved ones. Whether you had planned to leave a gift, a dedicated note or had specific directions for your funeral.

Without a Will, this all goes to the people with the most legitimate ‘legal claim’ and they get to make the decisions. And that means that they can divide the estate - or keep it to themselves - as they wish.

By writing a Will, you can control how your assets will be distributed and make sure you say goodbye to your loved ones. Just the way you wanted.

How dying without a Will affects your family

We frequently hear people say, “Well if I die without a Will, then it all just goes to my family anyway.”

But here’s the thing. Sometimes, life happens.

Your family may have a great relationship at the time of your passing, but that doesn’t mean things won’t change. Unfortunately a death in the family is often the catalyst for arguments over assets. If your partner and your children fight, or your children aren’t talking to each other anymore, can you take the risk that they’ll treat each other fairly?

And if you’re in a domestic relationship, you could be leaving them to jump through hoops to prove your relationship.

Not only that, not having a Will could make the process of sorting out your Estate much longer and more expensive than it needs to be. It can add a huge burden of stress and unnecessary costs to what is already a difficult situation.

Save your loved ones a headache. They’ll thank you for it.

How to write a Will in an easy, reliable and cost-effective way

There’s no need to be deathly afraid. There’s an easy fix.

It’s time to throw away what you know about the traditional Will writing process. At Safewill, we’ve made sure that you can write your Will online in the simple but most effective way.

This isn’t your basic DIY online will kit. In under 20 minutes, and less than 10 steps you’ll be able to: