Genders & Partners
We are the oldest law firm in South Australia, established in 1848. We obtained the highest ever award for personal injuries in South Australia for one of our clients and have been involved in four of Australia's largest claims for personal injuries. Proud member of:
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Myths About WillsLatest News!
Here are some common excuses for not having a Will professionally prepared by a solicitor, and why they are myths:
I don't have timeWe routinely offer lunch-hour appointments, and by arrangement we can provide after-hours appointments, as well as home visits if necessary. Appointments to provide instructions for creating a simple Will can take as little as one hour.Back to TopI don't have any assetsYou may not realise the extent of your own estate. Most people nowadays have superannuation, and many super funds carry life insurance or "death benefits". When this is added to your possessions like a car, a bank account, some furniture & jewellery, and it is easy to see how it all can add up to quite a large sum. Make sure you protect it, and leave it to people or charities that you care about.Back to TopI'm too young.If you are over 18, have a car, some savings or some sentimental items, then you need a Will. Don't forget that most employed people also have superannuation which is constantly accumulating during our working lives, very frequently with a life-insurance component. Almost everyone needs a valid Will. Even for those people who are not married, have no children and who do not leave a large estate, there are advantages in making a Will to simplify the administration of the estate you leave.Back to TopI'm in good health...and of course you'll know in advance before you have an accident...Back to TopMy affairs are too simple to need a lawyerAre you sure about that? Property-rights from domestic relationships can now arise in as little as 3 years; second marriages are increasingly common; complexities can arise from blended families, soaring property prices, business/investment structures and diminishing health eg obesity,cancer, diabetes etc. The risks of not having a Will far outweigh the modest costs or inconvenience in having one properly drafted. It is dangerous to assume that your estate will automatically pass to your spouse or partner when you die in the absence of having made a valid Will. In some cases, especially those involving domestic partners, those partners may receive nothing. Having this problem rectified and distributing your estate to people whom you intended to benefit may result in costly court proceedings that may take years to resolve.Back to TopA trustee Company will do it for freeSome Trustee companies offer free Wills on the condition that they are named as Executor to your estate. This means that they can charge a percentage of your overall estate to administer it - frequently this is thousands of dollars more than a solicitor would charge for the same service.Back to TopIt's too expensive to have a lawyer make my WillDepending on the complexity of your affairs, fees for preparing a Will are similar to an accountant's fees for preparing and lodging a tax return - with the benefit that a Will doesn't always need to be reviewed each year whereas a tax return does. A proper Will can be surprisingly inexpensive, especially if a husband and wife prepare one at the same time. The real expense usually is in dying without a valid Will. That can possibly create a financial nightmare for the surviving family members. Almost everything the family will have to do after a death is more expensive to do without a valid Will. By spending a small amount of money now, you may save your family thousands of dollars and hours of frustration and aggravation later. The expense will vary depending upon your personal and business circumstances. You could think of it like paying to have someone prepare your tax return - greater complexity requires greater skill and time. Although most people only require simple Wills, it is very important that these be properly prepared.Back to TopI can do it myselfThis is possible, but not advisable. A single small mistake in making your own Will can be disasterous, and don't forget, you won't be around to clarify things. Family conflicts and arguments may also make preparing a Will a stressful process. Some people don't wish their family to benefit from their estate . This is perfectly acceptable since many charities are more than happy to receive distributions from estates (however proper advice would need to be given regarding potential claims from family members) . Appointing an executor may also be a challenging decision if you have no friends or family to rely on. This issue can also be overcome. Some people also assume that a verbal agreement as to how their assets are to be distributed is also sufficient instead of having prepared a valid Will. This would be very difficult to prove without having any testamentary intentions in writing and, again, it could result in expensive legal costs in having the problem resolved.Back to Top |



