Most people don’t make a will. True statement.
It was found in a 2009 Newspoll survey commissioned by the NSW Trustee and Guardian service that 45 per cent of the adult population in New South Wales do not have a will – including 63 per cent of parents with young children.
If I think about that statement and let its ramifications sink in, this means, in effect, that in the event of either ours or another’s unexpected demise, very personal and closely held wishes, in fact our very last wishes in many instances, will be unable to come to fruition.
Do I have your attention yet?
The reason for this is that there exists a hierarchy of those that the law recognises as being worthy of inheriting one’s assets, where a will is not in place. In short, where there is no valid will in place, regardless of our wishes, the law will decide to whom our assets will be distributed. Gives pause for thought.
Why don’t a lot of people make a will? There can be a myriad of reasons for this.
I will address one. Many of us seem to think we are invincible and stereotype wills as belonging with the aged, and so can be dismissive.
Or here is another. Wills and assets can be narrowly interpreted as pertaining to those with property as in the property commonly associated with home and land. This ignores personal property, and the most creative way our personal goods can be given to those we care about who might really appreciate receiving certain items in recognition and memory of a friendship.
I have seen a will where the clothes worn on our last earthly journey were set out in lengthy description and listed item by item. The music to be played was given equal thought and attention. This is a very real and personal expression of our last wishes being expressed.
To take it further, a will can include provision for a bequest to our favourite charity, provision for our pet, or a musical instrument, works of art or music or books, clothes or shoes, cd’s, movies and digital video discs, electrical equipment, furniture, jewelry, kitchenware and manchester. The list and possibilities stretch on, as individual as each of us are.
Have you thought of a will in this way?
So, how hard is it to make a will? Is it the unknowns that are off putting?
One point always made in defense of making a will is the potential for inconvenience at best and the possible downright hassle, time and expense at worst, involved in not having a will, being foisted on one’s family at a most inopportune time, if ever there were a good time.
One does need a valid will. For the simple reason that if the will is not valid the court has the power to dispose of one’s property as if a will had not been made at all.
Without wanting to be alarmist, while one can make their own will, it is not advisable, and I would suggest a false economy. Many cases have gone before the courts where a will’s validity is tested. Do you want to even go here or jeopardise being put in this position?
A valid will is nothing short of a good idea.
