Wills.

**Bigbjorn** · 27th March 2018, 10:47 AM

My wife, an accountant and conveyancer, was the executor of the will of a frail aged aunt (died at 92) who had been in a retirement/nursing home for many years. Her estate was quite simple, the deposit held by the nursing home and a modest savings account. The value of the estate was less than that required to go to a Grant of Probate. The nursing home would not pay out the deposit until they sighted a Grant of Probate. The original copy of the will and the death certificate were not sufficient they said and would not budge. So the unnecessary expense against the estate of employing a legal firm and going to the Supreme Court for a Grant of Probate was incurred. My wife was furious and the admin staff at the nursing home got a proper tongue lashing to no avail.

By the way, you can't write unworthy rellies out of a will (Testators Family Maintenance Act) unless it states that they are getting nothing because they were not dependant on the deceased or the estate and during the testators life they had received valuable consideration. In other words they had already got their share. A solicitor mate told me that if you are planning to cut out the bludgers and urgers from your estate it is best to do the above but leave each of them a modest sum and list the "valuable considerations" they have received. You can leave your estate to the pet's home or your mistress but it needs to be done by a skilled law firm.

**trout1105** · 27th March 2018, 11:06 AM

I have bugger all to leave anyone so not having a will is not that much of an issue for me

**Tins** · 27th March 2018, 11:10 AM

Originally Posted by RANDLOVER

On the subject of details, I've heard that naming a beneficiary in a will and/or super can lead to problems if it's not the same one or same shares/percentages. Pro'ly best to make sure they are identical in each/all, with legal advice ofcourse.

Hmm. My mum has had two different wills drawn up by lawyers years apart to leave the bulk of her estate to three of her children, with a fourth to receive a nominal sum as she had not contacted any of the family for ten years. Those lawyers saw no problem, and said it would be incontestable. That her financial situation is far better than the rest of us was taken into account. I have since convinced mum to change it so we are all equal. My wife was a midwife at one of that particular sister's childbirth's. Since her death I am seeing things in a different light.

**Tins** · 27th March 2018, 11:14 AM

Originally Posted by trout1105

I have bugger all to leave anyone so not having a will is not that much of an issue for me

In that case, can I have your Disco? At least I know it goes.

**trout1105** · 27th March 2018, 11:17 AM

Originally Posted by johntins

In that case, can I have your Disco? At least I know it goes.

I am taking that with me

**aussearcher** · 27th March 2018, 12:58 PM

For those of you that don't have wills - the law around dying intestate is dependent upon the State you live in. If you were resident in Tasmania the estate will be divided up amongst all of your living relatives. If you were resident in NSW, it will be taken by the State. Having an up-to-date will is really important, no matter how big or small the estate will be. And by the way, make sure you leave an envelope with all of your passwords behind...

**p38arover** · 27th March 2018, 01:14 PM

Originally Posted by aussearcher

And by the way, make sure you leave an envelope with all of your passwords behind...

Send them to me for safe-keeping.

**Tins** · 27th March 2018, 01:22 PM

Originally Posted by aussearcher

And by the way, make sure you leave an envelope with all of your passwords behind...

I only have one password. Well, One Password. It's a highly secure app that stores all of my other passwords, so I only have to remember one. Apple's Keychain app is also good for this. I'm sure there are others.

**aussearcher** · 27th March 2018, 02:43 PM

And does your Executor know how to get in? Sites such as LinkedIn won't necessarily take down member profiles even if presented with death certificates. A deceased friend's wife has been trying for two years to clean up his social media "presence", causing her a great deal of angst. Much easier if someone has all the required user names and passwords and can just get in and delete...

**Ferret** · 27th March 2018, 03:10 PM

Originally Posted by aussearcher

... If you were resident in NSW, it will be taken by the State.

Not necessarily true, only if there are no eligible relatives.

If you do die without a will (known as 'intestate'), your estate does not automatically pass to the State (Crown), as is often assumed. The Succession Act 2006 (NSW) sets out the order in which your eligible relatives will inherit your estate. It is only if you die without eligible relatives that your estate will pass to the State

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