New will
My Facebook page is coming up with wills done for free for over 60s. Are these legit? I don’t want to be scammed on what little I have for my family.
Forum Discussion
I'd suggest you don't use these 'one size fits all' will kits, @Blossom1961.
Even a simple will needs to be worded correctly so that they can't be challenged in court - and also have 'backup' in case the main beneficiary doesn't survive your own passing by a specific period of time ... eg if 'so & so' doesn't survive 30 days following my passing, then 'xyz' will be the beneficiary. This is particularly important if there are children or even grandchildren who would then inherit - and even more so if there was ever a 2nd marriage/divorce (with or without kids.)
If your will is very simple, it should not be expensive or difficult to arrange or execute eg everything goes to my husband - and if he doesn't survive 30 days after my passing, it goes to 'xyz'. Your husband should have a similar one, too, with you as the beneficiary and same 'if she doesn't .... ) This covers both of you, in case there is a car accident with both of you in it (heaven forbid!).
Often these 'free' wills - require you to sign up with the Public Trustee (in your case ... Vic) and I would seriously suggest that you do NOT go down that road - do a google of Public Trustee Vic and see what pops up! I've heard & witnessed terrible stories about Public Trustee NSW - fee gouging, years of delays, and often very little 'assets' left to distribute after they'd been whittled down by all the fees. Even PHONE CALLS may be 'chargeD' at an exorbitant hourly rate, let alone 'in office' meetings!
My own experience with my local solicitor (after my husband passed in 2022) was just the one 'in office' meeting for the formalities (I needed to give them a certified copy of the death certificate) and as it was the above 'simple' husband to wife will ... that was it. Small fee, transfer the house deeds to my name, another small fee .... that was pretty well it.
Ask around amongst your friends .... See who they've used for their wills & if they are happy with them.....
Do you have a brother or sister who may be willing to be 'executor' of your will? You can even nominate a reasonable payment to them, for the time it takes to disburse/distribute your assets. It may entail the sale of your home. My brothers are executors for mine - some people use their Accountants if they have a good relationship with them. Someone you trust implicitly to follow your wishes? You may 'think' you don't have much .... but if you own a home, that is a substantial 'investment' and you may have superannuation (which should have a binding nominee to your husband anyway - ask them about it, if you don't have that already set up!) You may have personal items (jewellery etc) that you would like to pass on to a specific family member, even sporting goods - or 'treasures' that you've collected over the years - those things usually aren't covered in the 'freebie' wills.
Sadly, this is just one of the legal documents that we ALL need to have in place as we get older - whether 'ill or not' ... as we never know when we will go! (Also needed are Power of Attorneys, enduring power of attorneys, Advanced Care Directives & maybe more!)...
Here is a link to 'some' docs you would be suggested to put in place (for yourself and your parents or anyone you may be caring for) - tho they suggest using the Public Trustee - I disagree! ...
https://seniorsrightsservice.org.au/legal-services/future-documents/ ;
Even a simple will needs to be worded correctly so that they can't be challenged in court - and also have 'backup' in case the main beneficiary doesn't survive your own passing by a specific period of time ... eg if 'so & so' doesn't survive 30 days following my passing, then 'xyz' will be the beneficiary. This is particularly important if there are children or even grandchildren who would then inherit - and even more so if there was ever a 2nd marriage/divorce (with or without kids.)
If your will is very simple, it should not be expensive or difficult to arrange or execute eg everything goes to my husband - and if he doesn't survive 30 days after my passing, it goes to 'xyz'. Your husband should have a similar one, too, with you as the beneficiary and same 'if she doesn't .... ) This covers both of you, in case there is a car accident with both of you in it (heaven forbid!).
Often these 'free' wills - require you to sign up with the Public Trustee (in your case ... Vic) and I would seriously suggest that you do NOT go down that road - do a google of Public Trustee Vic and see what pops up! I've heard & witnessed terrible stories about Public Trustee NSW - fee gouging, years of delays, and often very little 'assets' left to distribute after they'd been whittled down by all the fees. Even PHONE CALLS may be 'chargeD' at an exorbitant hourly rate, let alone 'in office' meetings!
My own experience with my local solicitor (after my husband passed in 2022) was just the one 'in office' meeting for the formalities (I needed to give them a certified copy of the death certificate) and as it was the above 'simple' husband to wife will ... that was it. Small fee, transfer the house deeds to my name, another small fee .... that was pretty well it.
Ask around amongst your friends .... See who they've used for their wills & if they are happy with them.....
Do you have a brother or sister who may be willing to be 'executor' of your will? You can even nominate a reasonable payment to them, for the time it takes to disburse/distribute your assets. It may entail the sale of your home. My brothers are executors for mine - some people use their Accountants if they have a good relationship with them. Someone you trust implicitly to follow your wishes? You may 'think' you don't have much .... but if you own a home, that is a substantial 'investment' and you may have superannuation (which should have a binding nominee to your husband anyway - ask them about it, if you don't have that already set up!) You may have personal items (jewellery etc) that you would like to pass on to a specific family member, even sporting goods - or 'treasures' that you've collected over the years - those things usually aren't covered in the 'freebie' wills.
Sadly, this is just one of the legal documents that we ALL need to have in place as we get older - whether 'ill or not' ... as we never know when we will go! (Also needed are Power of Attorneys, enduring power of attorneys, Advanced Care Directives & maybe more!)...
Here is a link to 'some' docs you would be suggested to put in place (for yourself and your parents or anyone you may be caring for) - tho they suggest using the Public Trustee - I disagree! ...
https://seniorsrightsservice.org.au/legal-services/future-documents/ ;