There is much confusion and misconception about wills and disputes.
What is a Will? It’s a document that sets out how your property is distributed when you die. The purpose of a Will is to make sure that the right person gets the right property and there is no dispute. If you don’t have a Will then the law says how your property is distributed. This may be different to what you would want or it may be a more expensive way of achieving the same thing.
Even when people take out wills, many people who think they have provided for beneficiaries in the way they intended are unaware of the pitfalls that can arise if a will is not prepared correctly.
What is an Estate Plan? A Will is often part of an Estate Plan but an Estate Plan also looks at other assets that can’t be dealt with in a Will. This might include superannuation or a business or a Trust. The purpose of an Estate Plan is to make sure that all of your property no matter how you own it ends up with the right people in a tax effective way.
What is Estate Administration? It’s the process of putting a Will into effect. It includes obtaining probate, finding assets, transferring or selling them, paying debts and making sure that everything is finalised. Sometimes it’s relatively easy and sometimes it is not. Whether easy or hard it has to be done properly or the executor can be liable or people can miss out on what is rightfully theirs.