Whilst it is a common saying that “you can’t take it with you when you die”, a counter argument for some could be that there is nothing for them to take with them. 

Ralph had been a carefree spirit all his life. He had no partner or children and lived with his brother in rented premises. They had no surviving parents. Ralph had no substantial assets, received social security benefits and lived a happy and contented life within his means. Ralph did not see the need to create a will.

Ralph’s uncle suddenly passed, leaving Ralph and his brother as sole beneficiaries of his estate. However, before receiving his inheritance, Ralph died unexpectedly of a heart attack. His brother then became the sole beneficiary of his uncle’s estate, but there was a problem.

Ralph had died without a will, and the question arose as to how to apply for his inheritance. This created a number of hurdles for Ralph’s brother, who was tasked with having to apply to the court justifying him as sole beneficiary of his brother’s share of his late uncle’s estate. Had Ralph created a will, there would have been a much simpler pathway.

Wills are legal documents that express a person’s wishes as to the beneficiaries of their estate, without having to list the assets comprised in their estate. It is prudent to have a will to enable next of kin to deal with the contingencies of one’s passing, such as in Ralph’s situation.

Cecilia Castle is an Accredited Specialist in Family Law, and principal of Castle Lawyers at Asquith. CastleLawyers.com.au