Scenario: Peter, 65 years of age, used to own a manufacturing business and is now retired. Having worked hard throughout his life, he wants to ensure his hard-earned money and assets are divided according to his wishes, upon his passing.
Over the years, Peter and his family moved States expanding the family business. During this time, Peter made a number of Wills and attained many important Documents relating to his business and family affairs. Peter would store these Documents in different locations (i.e. at home, his local bank or solicitor).
However, having moved a number of times, he now has numerous Wills and important Documents in various locations around Australia. Furthermore, Peter has refrained from telling his children that he has a Will, as he does not want them to argue over what they may receive.
In having a 'can do' attitude, Peter believes in setting your own goals and striving hard to achieve them. He also wants to pass these values onto his children. The last thing Peter would want, is his children to think that they can just sit back and receive large handouts upon his passing.
Issues:
- 1. Peter's loved ones don't know if he has a Will, resulting in much uncertainty.
- 2. Peter's loved ones don't know the location of his Will and important Documents.
- 3. Peter's loved ones won't know which are his most current and up-to-date Wills and Documents.
- 4. Peter's loved ones may need to spend a lot of time and money searching for his Will and Documents upon his death.
- 5. Peter's loved ones could undergo a lot of stress trying to identify his Will and Documents, at a time that is usually already emotionally difficult.
- 6. If Peter's loved ones are not able to locate the existence of his Will, State and Territory legislation will implement their own strict guidelines on the distribution of his estate.
- 7. Important Documents such as Peters' Property Titles, Share Holdings, and Powers of Attorney may be undiscovered.
- 8. Peter's wishes may not be fulfilled.
Solution:
Peter understands how important it is to register the location of his Will and Documents and the implications of not doing so. Each time Peter makes a Will or receives some important Documents, he registers them with the Australian Registry of Wills, Deeds and Documents
TM. Peter now knows his loved ones will be able to easily locate his important Documents from anywhere in the world, when required. This will save them time and money, helping eliminate any future burden. Peter feels confident that his wishes are so much closer to being fulfilled.
Still undecided whether to Register?
There have been countless legal cases in Australia regarding disputes over Wills, Probate and Administration. To view some of them, see below.
- Re; Estate of Emmanuel Theo Notaras, [2009] ACTSC 14
- In re the Estate of the late E M Groll [2009] NTSC 14 No. 161 of 2008 (20826176)
- Uchino v Vulin, [2008] WASC 216
- Clines v Johnston, [2008] NSWSC 524
- Whiteley v Clune (No 2) the Estate of Brett Whiteley (unreported), NSWSC, [1993], Probate Division, BC9301902
- In the Will of W J Boyd, deceased; ex parte Whelan [1959] SR (NSW) 369
- McCauley v McCauley & McCauley [1910] 10 CLR 434