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Where there’s a will, there’s an estate


THE Law Society of NSW has teamed up with solicitors across the Hunter to provide the community with free information on making a will and other estate planning matters as part of Will Awareness Day 2011. Will Awareness Day is Friday, August 19. Information sessions will be held in Newcastle, Cardiff, Toronto, Maitland and Cessnock. Law Society president Stuart Westgarth said current studies indicated that many Australians did not have a legally valid will. “Regardless of your age, choosing to write your will is one of the most important decisions you will ever make and it is important to seek proper legal advice so that your fi nancial and personal circumstances are covered,” Mr Westgarth said.


“For many of us, the absence of a will means having absolutely no say in how our possessions will be distributed or how our loved ones, including our children or partners, will be cared for after we die. “You can’t assume that your possessions will automatically be distributed to your next of kin or closest relatives.


“Under current legislation, failure to draw up a will may see your estate divided according to a government formula that does not refl ect your wishes, and in some circumstances, your estate may go to the state government.” Mr Westgarth said dying without a will or having a badly prepared will could be a nightmare for those left behind and had the potential to tear families apart.


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“Legal battles over wills and estates are no longer confi ned to celebrities or the super wealthy, particularly with the high rates of divorce and remarriage,” he said. “It’s never been more essential to make a will if you are concerned about who will receive your assets and belongings after you die, particularly if you have a family or other dependants.


CLEAR UP THE BLURRY BITS MR Westgarth outlined a number of examples where a will should have clear instructions: - You may live with a spouse or partner who has children from a previous marriage and the home you live in may be in your partner’s name only. You may fi nd that when your partner dies, the adult children from his or her previous marriage want you out of the home you have been living in. This can happen if your partner has left a will leaving the home you live in to those children who become the new legal owners of the property.


- If a husband and wife were killed together, for instance in a motor vehicle accident, and neither had a will, the older spouse would normally be presumed to have died fi rst. Although deceased, the younger spouse will be presumed to have inherited assets from the older spouse, but if the younger spouse had not made a will, his or her assets would be distributed under a rigid formula, regardless of what he or she might have wished.


- If you have young children, it can be much worse if you have not stated who you wish to be their guardian in the event that both you and your partner die.


- Some people leave it too late to make a will. Although extreme old age does not mean lack of mental capacity, challenges to the will on the ground of lack of capacity are more common where the will maker is very aged.


Where there’s a will, there’s an estate


“It’s crucial that you give careful thought to what you own and how you own it and take the time to revise your will if your circumstances change. “It’s particularly important for those people in the community who care for family members, such as adult children with a disability, to ensure that they have an up to date will that provides for his or her needs.” For information on seminars in the Hunter, go to lawsociety.com.au and click on the Will Awareness Day link on the right side of the page.


4 THE NEWCASTLE POST Wednesday, August 17, 2011


view the digital edition online at www.newcastlepost.com.au


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