Fiction: I don't need a Will...I don't have many assets
When did Will-writing become reserved for the wealthy? Just because you may not have many assets, it doesn't make a Will any less important. If you have a bank account, super balance, a car, or any other assets that you want to pass on with certainty when you die, you should consider writing a Will.
Without a Will, your family will most likely have to apply to Court for Letters of Administration to get ownership of your property. This is the same process whether you have $500 or $500,000 in the bank - it's stressful, costly, and probably not a burden you want to leave behind for your family.
Fact: A Will is the only way to specify who will be your child's guardian if the unthinkable occurred
If you were to pass away intestate, and your child's other parent is not alive or fit for guardianship, the question of your child’s guardian will be left entirely up to the court.
When left up to the courts, anyone can make an application to become the guardian for your child - irrespective of whether you would have chosen them as Guardian yourself. This can obviously be an unsettling period for your child, and may also result in someone you would not have picked becoming your child's legal guardian.
The only way to avoid this is to execute a valid and legally-binding Will that lays out guardianship provisions. While this is a difficult thought and requires serious consideration, once you have decided upon a guardian, Safewill's Guardianship module couldn't be easier to fill out. In 5 minutes you could ensure that no matter what happened to you, your child would be left in the best hands possible.
Fiction: I don't need a Will because my partner knows what my wishes are
Unfortunately, your partner saying "I should inherit everything, he would have wanted it this way" does not hold much legal sway. In fact, many estate disputes arise because distant Auntie Brenda comes out of the woodwork and claims that she was promised the family home.
This situation is much less likely to occur where you have a validly executed Will that clearly lays out your wishes and can stand up in Court. It only takes 30 minutes to make, and could save months of hassle.
Fact: If you die without a Will, your family will probably have to go to Court
In most states in Australia, if you die without a will (known as dying intestate) your family or next-of-kin will have to apply to the Court to obtain Letters of Administration. This is an order of the Court that allows a person (normally your closest family member) to act as an executor. This process can take months and can be very costly, depending on whether it is contested. Our Executor module takes 3 minutes to fill in. Choose wisely :)
Fiction: Writing a Will is too hard and expensive
Maybe it used to be. Thankfully, there's now a viable alternative to overpaying a lawyer for a legally-binding Will, that isn't a post-office Will Kit. Safewill combines modern technology and design with old-school legal know-how to provide an effortless, affordable and accessible way to Will. You can complete yours in under 30 minutes, and for a fraction of the cost of a lawyer. Get started for free now.