In the calendar of national events, here in Australia we celebrate National Law Week from the dates of 14-20 May.
The aim of the week is to encourage and build awareness and promotion of the law, the legal system and the legal profession with the theme of this year being Law and justice in your community.
As part of driving home this awareness a number of relatable articles have appeared in the press and here I would just like to mention two of them, ‘Time to update your will’ (1) and ‘When it’s crucial to find the will’ (2)
In the first article residents were encouraged to organise one of the most important legal documents anyone over the age of 18 should have, that being a will.
The main thrust of the article went on to say that if you passed away without a will, your estate, made up of items of sentimental and monetary value, may not be distributed according to your wishes, and you could leave your loved ones with unnecessary financial and legal headaches.
The article concluded with the line, “This Law Week we are encouraging all adults to put excuses aside and make the time to organise their will.”
It reminds me of the constant encouragement that we have had drilled into us by the electricity companies to change the batteries in our smoke detectors at the cessation of every daylight saving period. To get it into our heads to do it on a regular basis, without question or dissent.
The second article majored on the need to ensure that the current will could be located as and when needed.
Several anecdotal stories were featured, such as the one of the lady who had informed her children that her will was kept in the bedside table, but when she passed away, much to her relatives dismay it was not there.
Another one related to the father who had done the right thing and had given his children enduring power of attorney and had also made sure that the power of attorney was safe by having it locked away in a bank along with the will.
The problem only surfaced when the father lost his capacity and the bank refused to release the safe custody box until the family could produce the power of attorney, which of course they couldn’t as it was locked inside the box alongside the will.
A further situation was also mentioned, which on more than the odd occasion has caused anguish for surviving family members, related to a later will being discovered some time following probate being granted and the estate proceeds being disbursed.
We can boldly state that both articles reinforce the value of our site as being a great repository for the above information, for as we commented in a reply to the first article,
‘We could not agree more, but we believe that you need to go further and let those who need to know where your will and other important documents of your life are kept as well.
That is where our site www.wherethereisawill.com.au comes into play. (3)
To experience the value of our site we invite you to enjoy a 12 month free trial, just key the following words, Free Trial into our Promotions box on the Sign up Now page of the site.
Then sit back and relax, knowing that you have peace of mind in that you have done the right thing for both yourself and your loved ones’.
Now that the matter of having a will and ensuing that others know where it is located has been addressed, it would be amiss not to spend a moment to discuss some additional action to ensure that your will will also survive any legal challenges that may be mounted.
For your consideration we list the following eight points that you may wish to take into account.
(a) You need to keep in mind that one of the safest way to protect your wishes is to have a trusted solicitor draw it up and supervise the witnessing.
(b) You need to be sure that the wording is clear and legal for the state in which you reside, and that should you expect a challenge then consider adding suitable clauses to counteract it.
(c) You need to do your own homework and self check to be sure that you are deemed competent to make a will and that you are not under anyone’s influence.
(d) You should consider having the execution of your will recorded by some media advice, either audial or video.
(e) You need to reread your will slowly to ensure that it actually says what you require it to say, and that you understand and agree with every word in it.
(f) You need to ensure that you have appropriate witnesses available and that they are happy to have the witnessing recorded as per item (d).
(g) You need to make sure that the witnesses remain together during the entire signing and that you sign the document in front of them.
(h) You consider having the witnesses each complete a self proving affidavit. (4)
A final thought is to remember that your will is primarily about money and that experience shows that money tends to make people act in unexpected ways.
References:
(1) Article in the Liverpool City Champion, Wednesday May 9, ‘Time to update your will’
(2) Article in the Tweed Coast Sun, Thursday May 10, ‘When it’s crucial to find the will’
(3) www.wherethereisawill.com.au
(4) www.survivorshipatoz.org/cancer/articles/how-to-protect-your-will-against-challenges/
