George and Harry see a lawyer.
The lawyer is a generalist and advises on all areas of the law (including family law and criminal law).
He prepares their Wills.
George and Harry sign their Wills.
A few years later they marry.
On their honeymoon, George dies from a car crash.
Harry is devastated and sees his lawyer.
The lawyer didn’t realise George and Harry married and advises Harry that George’s marriage revoked his Will. George doesn’t have a Will.
George owned the home (Harry had contributed to the home loan). This means that Harry will have to share the home with George’s parents and siblings.
George also didn’t prepare a binding death benefit nomination, meaning that his super fund will require Letters of Administration and a raft of documents to be completed. George’s superannuation and life insurance is “locked up” in the super fund for at least 18 months while the paper work is being prepared.
If you don’t want to be George or Harry, book a free strategy session by calling 9800 1217 or book here: https://greatsouthernwills.com.au/book-a-free-consultation/
We have met several local couples who have asked us to review their Wills prepared by other lawyers – their Will was signed and afterwards they got married. They thought they had a Will – we advised them that they didn’t. It is important that if you are in a de facto relationship or engaged, that you and your lawyer consider a “contemplation of marriage” clause in your Will so that you are covered in the event of your subsequent marriage.
Wills and Estate Planning is a specialist area and in our view, Wills should be prepared by an expert in this area of the law. There are many moving parts to an estate plan and you will want to ensure that your lawyer understands these moving parts and advises accordingly.
