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COPYRIGHT 2004 Australian Consumers' Association
IN A NUTSHELL
* Save your family and friends from hassle on top of grief, and make a will. Dying without one leaves a situation that's almost certainly not as straightforward as you might think.
* You can do it without a lawyer, but in most cases it's safer to use one; it shouldn't cost much for a simple will.
Helen Montgomery left her husband in 1999. Since they'd amicably divided their property, they didn't bother with lawyers and a legal divorce. Two years later Helen began a de facto relationship with George, who she referred to as her 'life partner'. Helen put off making a will--it didn't really matter, she thought, because she intended the house she owned to go to George after she died. She presumed because they were de facto partners.
Helen died in an accident, and since there was no will, state law took over. Suddenly Helen's husband lost his aversion to lawyers. George found himself in the Supreme Court, anxiety-ridden and defending his right to inherit the house he'd lived in for just under three years.
With a little foresight, Helen could have saved her partner a lot of trouble.
DO YOU NEED A WILL?
Compared to the decades of effort it takes most people to acquire their principal assets, it's remarkable that a significant percentage of Australians give little or no thought to the way their hard-won possessions will be shared out after they die. Few tasks are put off as much as making a will, but it's the only way to ensure your assets (called your 'estate') are distributed according to your wishes.
If you die without a will (called 'dying intestate') state/territory laws decide who gets your assets, usually passing them first to your surviving spouse and children. These rules apply to everyone, no matter what your individual...
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