{"id":26064,"date":"2022-11-30T22:32:06","date_gmt":"2022-11-30T22:32:06","guid":{"rendered":"https:\/\/rmolaw.com.au\/wills\/"},"modified":"2025-02-24T05:12:26","modified_gmt":"2025-02-24T05:12:26","slug":"wills","status":"publish","type":"post","link":"https:\/\/rmolaw.com.au\/zh\/wills\/","title":{"rendered":"Wills"},"content":{"rendered":"

Everybody has heard of a will. A lot of people would have had to deal with a will when somebody close to them has died.<\/span><\/p>\n

But, not everybody has a will.<\/span><\/p>\n

Why?<\/span><\/p>\n

There are plenty of excuses for not making a will, such as \u201cI have plenty of time to make a will<\/i>\u201d or \u201cThey are too expensive<\/i>\u201d.<\/span><\/p>\n

Do I Really Need A Will?<\/span><\/p>\n

The short answer is yes.<\/span><\/p>\n

A will is used to dispose of all of a person\u2019s property after their death. It can be changed at any time (provided the person making the will has testamentary capacity).<\/span><\/p>\n

The long answer: we recommend that every person has a will. If you make a will, you can ensure that your estate, which includes all of your property, including personal belongings and money, will be given to the person that you would like it to be given to.<\/span><\/p>\n

If you die without a will, you will die \u2018intestate\u2019 and the intestacy laws, as outlined in the\u00a0Succession Act 1981<\/i>\u00a0(\u201cthe Act<\/b>\u201c), will govern how your property is distributed.<\/span><\/p>\n

People who could be entitled to your property include:<\/span><\/p>\n

\u00b7\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>your spouse (including de facto),<\/span><\/p>\n

\u00b7\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>your children or grandchildren,<\/span><\/p>\n

\u00b7\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>your parent\/s,<\/span><\/p>\n

\u00b7\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>your next of kin (i.e. brothers, sisters, grandparents, aunts, uncles and cousins), and<\/span><\/p>\n

\u00b7\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>the Crown.<\/span><\/p>\n

This appears to be a sensible list, but it can result in unintended consequences.<\/span><\/p>\n

Let\u2019s take a look at a couple of real-life examples that we have seen.<\/span><\/p>\n

Case Examples<\/span><\/p>\n

In the first example, there was a 24 year old man who died suddenly. Let\u2019s call him John. John did not have a spouse or any children. This means that all of his estate would go to his parents in accordance with the Act. This seems like a reasonable outcome until you find out that John\u2019s mother died prior to John (and therefore could not inherit anything) and John had had no contact with his father since he was a toddler.<\/span><\/p>\n

Because John died without a will, his property including a house, car and his bank accounts, would all go to his father who he did not know. If he had made a will prior to his death, he could have gifted his property to someone who was important to him, for example his sister.<\/span><\/p>\n

In the second example, a young woman died without a will. Let\u2019s call her Jill. Jill had been married, but had been separated from her husband for over 10 years. They no longer had any contact but had never divorced. Jill passed away and she did not have any other spouse or any children. In accordance with the Act, Jill\u2019s entire estate would go to her husband (even though they had been separated for over 10 years). It is unlikely that Jill would have wanted her husband to receive any part of her estate, let alone all of it.<\/span><\/p>\n

In Review<\/span><\/p>\n

In just these two examples, it can be seen that although the intestacy laws in the Act are very practical in defining who should get what if you died without a will, the individual circumstances of a case can mean that less desirable outcomes can be avoided by making a will.<\/span><\/p>\n

A will isn\u2019t just important for working out to whom your property should be given.<\/span><\/p>\n

It can also cover issues such as:<\/span><\/p>\n

\u00b7\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>Who will be the guardian of your children?<\/span><\/p>\n

\u00b7\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>Do you have a preference for being buried or cremated?<\/span><\/p>\n

\u00b7\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>Do you have any other funeral wishes?<\/span><\/p>\n

\u00b7\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>Do you have a spouse, but you don\u2019t want everything to go to them?<\/span><\/p>\n

\u00b7\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>Should I update my will?<\/span><\/p>\n

Should I Update My Will?<\/span><\/p>\n

One common enquiry at Ryan Murdoch O\u2019Regan Lawyers is\u00a0\u201cDo I need to update my will?\u201d<\/i><\/span><\/p>\n

We recommend that you consider your will, and whether there are any changes you would like to make, at least once a year or if there are any significant changes in your circumstances.<\/span><\/p>\n

For example, have you:<\/span><\/p>\n

\u00b7\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>Purchased or sold property?<\/span><\/p>\n

\u00b7\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>Been married or divorced?<\/span><\/p>\n

\u00b7\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>Separated from your partner?<\/span><\/p>\n

\u00b7\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>Had children?<\/span><\/p>\n

\u00b7\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>Had grandchildren who you would like to provide for?<\/span><\/p>\n

\u00b7\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>Disposed of property that you specifically gifted to somebody in your previous will?<\/span><\/p>\n

You will not always need to update your will if there have been changes in your life. The provisions in your will might be wide enough to include, for example, not only your children who were born at the time you made your will, but also any children who were born after. This will depend on the clauses in your will.<\/span><\/p>\n

Some common changes that will not require you to change your will include:<\/span><\/p>\n

\u00b7\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>change of address, and<\/span><\/p>\n

\u00b7\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/span><\/span>the death of a named beneficiary if your will already contains alternative provisions.<\/span><\/p>\n

How We Can Help<\/span><\/p>\n

Experienced will lawyers ensure clarity and make sure that each will is proof-read and reviewed thoroughly prior to its signing. Contact our helpful team for a FREE Will Information Pack if you want to make your first will or perhaps want to change your current will.<\/span><\/p>\n

\u8054\u7cfb\u6211\u4eec<\/span><\/p>\n

Get the best representation. Contact our Lawyers on\u00a01800 999 529<\/span><\/a>, email\u00a0mail@rmold.newwebsite.live<\/span><\/a>, or submit an enquiry below.<\/span><\/p>\n

We are available to meet with you at any of our local offices (Brisbane, Gold Coast, Beenleigh, Cleveland and Jimboomba<\/span><\/a>) or by telephone or video-conference.<\/span><\/p>\n

This article is for your information and interest only. It is not intended to be comprehensive, and it does not constitute and must not be relied on as legal advice. You must seek specific advice tailored to your circumstances.<\/span><\/i><\/p>\n

This article was originally published on the 11th<\/sup> of September 2017. It was last updated on the 1st<\/sup> of December 2022.<\/span><\/i><\/p>","protected":false},"excerpt":{"rendered":"

Everybody has heard of a will. A lot of people would have had to deal with a will when somebody close to them has died. But, not everybody has a will. Why? There are plenty of excuses for not making a will, such as \u201cI have plenty of time to make a will\u201d or \u201cThey are too expensive\u201d.<\/p>","protected":false},"author":5,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"_et_pb_use_builder":"","_et_pb_old_content":"","_et_gb_content_width":"","footnotes":""},"categories":[1],"tags":[],"expertise":[275],"class_list":["post-26064","post","type-post","status-publish","format-standard","hentry","category-uncategorized","expertise-wills-estateswills-estate-planning"],"acf":[],"_links":{"self":[{"href":"https:\/\/rmolaw.com.au\/zh\/wp-json\/wp\/v2\/posts\/26064","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/rmolaw.com.au\/zh\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/rmolaw.com.au\/zh\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/rmolaw.com.au\/zh\/wp-json\/wp\/v2\/users\/5"}],"replies":[{"embeddable":true,"href":"https:\/\/rmolaw.com.au\/zh\/wp-json\/wp\/v2\/comments?post=26064"}],"version-history":[{"count":1,"href":"https:\/\/rmolaw.com.au\/zh\/wp-json\/wp\/v2\/posts\/26064\/revisions"}],"predecessor-version":[{"id":27121,"href":"https:\/\/rmolaw.com.au\/zh\/wp-json\/wp\/v2\/posts\/26064\/revisions\/27121"}],"wp:attachment":[{"href":"https:\/\/rmolaw.com.au\/zh\/wp-json\/wp\/v2\/media?parent=26064"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/rmolaw.com.au\/zh\/wp-json\/wp\/v2\/categories?post=26064"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/rmolaw.com.au\/zh\/wp-json\/wp\/v2\/tags?post=26064"},{"taxonomy":"expertise","embeddable":true,"href":"https:\/\/rmolaw.com.au\/zh\/wp-json\/wp\/v2\/expertise?post=26064"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}