What happens if I don't have a Will?
If you do not have a Will when you die the people left to look after your estate (eg. family, friends) will be required to apply for a grant of Letters of Administration so that they are granted the authority from the Supreme Court to administer your estate. This is often a costly and time consuming legal process that may add additional stress to loved ones you leave behind at an already difficult time.
An Executor or Trustee is a person that you nominate to oversee the distribution of your estate in accordance with your wishes. In addition to your general estate, you are also able to dictate to your Executors your wishes with respect to organ donation and the way in which you would like your remains to be dealt with. You are also able to make provisions and life interests in properties that you own as well as create trusts to enable the continued care of any dependants. You may nominate more than one person to act as your Executor/Trustee. You may also nominate alternate Executors/Trustees who act only if your primary Executor/Trustee is unable or unwilling to act.
“Your Will may be contested if you do not make a provision in your Will for someone who falls into the category of an 'eligible person'”
An eligible person may include the following people : a spouse, domestic partner, a child (including adopted and step children), a former spouse or domestic partner, a spouse or domestic partner of a child of the deceased, a child who thought the deceased was their parent, a grandchild, a member of the household of which the deceased was also a member at the time of death.
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