Hi there,
First time posting a deal.
I got an email from my uni today saying that Safewill is offering free wills from the 20-26 march.
Seems like a good idea for those who have assets/property/children and haven't put down in words what they want done after they pass.
:)
Edit: you can start it now and then submit it through the promotional period!
Referees get 20%. Referrers get $10 (Up to $50 Max).
I could use a trip or two on a time machine.
I could use some free will.
Free will is an illusion, change my mind.
Only if you want to
Is this the one about the whale?
Nope, neither was the other one I watched, "free my Willy"
I didn't know until halfway in. The girls never came. The girls never came!
This is good motivation and will be a great thing to put in place, particularly for younger people - just make sure it's signed & witnessed correctly to actually be valid. (and the relevant people need to know it actually exists, of course)
But if you're older with more money & assets to protect/bequest, or you have any degree of complexity in your situation, just pay the ~$2k to get it all done professionally and properly, along with provisions for Testamentary Trusts, Powers of Attorney, etc. (documents vary between states). Have peace of mind, and review/update when your wishes or circumstances change.
Look into your superannuation death benefit nominations too, as super doesn't form part of your estate (unless you nominate it - if that is what works best for you).
And you need to renew your binding nomination with your super fund every 3 years.
I had a look at my super beneficiary form, and there is an option to have it binding but permanent?
What's the go here?
Like Brianqpr mentioned below, many funds have the option for 'non-lapsing' binding nominations that stay in effect permanently until you review/change it. Can be good if you're settled down, but still wise to review it every so often in case your wishes or circumstances have changed.
The other type, 'lapsing' binding nominations expire after 3 years, so you'll need to sign the form again within that time period.
These binding nominations are good because they give you more certainty on who will get your super money (and any life insurance proceeds for cover held in super). There are fairly restrictive rules about who you can nominate though (i.e., spouse, de facto partner, child, financial dependant).
You can also make non-binding nominations, which is more of a guide for your super fund, as they will retain discretion on how they will pay the super death benefits - so less certainty for you and your hopeful beneficiary. People might have these non-binding nominations because they don't know that binding nominations exist, or because they aren't that interested, or because they don't have enough money in super to bother, or because it's easier because you don't need to sign/witness any forms.
A lot of super funds have non lapsing binding nominations these days, although its still a good idea to review them even if you no longer have to.
The non-lapsing ones still lapse. Yes this doesn't make sense.
Depending on state Marriage may invalidate a current will.
Also look at Advance Health Directive.
I heard the best was to put your properties in a family trust so there is no delay for your heirs to get hold of the money. Just saying it could be true. I am not a lawyer 👍
For fast access to the deceased funds, set up a Trust bank account, when family member died in a nursing home.
Simple to do at many banks, by Executor with Will, Death Certificate, etc. No legal advice necessary.
With $500k in nursing home RAD refund, it could be paid straight into Trust account in his name ("Estate of…"). Along with all other bank funds.
Avoided Probate delay & costs.
From there the Executor could quickly distribute funds.
Likely to vary by State / Territory.
With multiple real estate - ownership by a family trust could be easiest & fastest way - but needs to be set up before death. But get advice on Tax & other implications.
Transfer of his house was straight forward, but meant surrendering the original of the Will. So needed to be done last.
This seems important, but I can't tell if you're giving advice or telling a story
It's what I did as Executor for family member. Was a simple Will transferring all assets to 1 close family member.
But to release $500k RAD funds or large amounts from bank accounts - usually requires the Court to check the Will through the usual slow & costly process of Probate.
Institutions won't release funds without being sure it's going to the right person (recipient mentioned in the Will).
Probate ensures that. And checks there is no new Will with different instructions.
By setting up a Trust account in the name of the deceased (I did it at their bank), that was assured.
Checked with Nursing Home & they thought it was a great idea. Worked well. Quick & easy for them.
Took a few days to transfer $500k into Trust account, instead of possibly months.
From there it was simple for me to distribute the funds.
Always get your own advice!
Doubt you'd get this advice, just because it's not the usual process!
People are dying to get this deal !
Writing a will out sounds extremely tedious
Not as tedious as trying to sort out somebody's estate who didn't have a will!
That's not my problem, though.
Its a problem for the court & lawyers - tying up the estate & costing a lot more than a Will!
You won't be remembered kindly!
You won't be remembered kindly!
Let me get this straight: People won't remember me kindly because they wanted a share of my estate, but they had to do a little bit of work for that? I guess that's not my problem either.
If you are sorry for the court and lawyers, don't. They get paid for it.
@bio: If you die intestate (no Will), the court will decide where your assets are distributed.
That can be to the State Government, depending on your State Laws.
As a fellow banana bender, I say thanks for not making a Will! May you die rich😃
By Law, there is a method for where the money goes. It certainly may not go where you would have liked - but you're dead! Nothing you can do about it without a Will!
The State taxpayers & lawyers may be the only ones who get your Estate!
If you really want to be a bastard…
Make a Will!
Be creative with your (free) Will!
People do use Wills to get back at others, distributing funds to people & causes they would hate!
Or play "I'll cross you out of my Will if you don't do what I want".
It only takes a line through that name, the signature & be witnessed! Quick & cruel!
Having the person certified as mentally incompetent may work to solve that problem!
Am sure you could think up others!
Plus you get to actively decide the damage, rather than passively leave it up to State intestate Law & the court😉
Seeking legal advice could ruin them, plus costs of contesting a Will come out of the Estate - little may be left to pay the large legal bill!
And it may take far longer than having no Will!
Been told "When I die, you'll see how I get my revenge!"😜 Luckily I wasn't the intended victim!
I don't recommend it!
I've seen it all!
@mike6969: Dying overseas opens up a very different issue!
A sobering thought🤔…
I like to expand my horizons & experiences - regularly travel & stay in very poor communities overseas, helping out.
Respect for a "Foreigner" collapsed in the street may not be high - almost anywhere! You may be picked clean in a minute!
If ID to show nationality & identify your body isn't available - the Australian authorities won't be contacted, your name won't appear on a death certificate.
Unless someone here really pushes for an investigation - the Australian Consulate in that country won't even start asking… Family & friends would be expected to investigate - not an easy task.
So without a body or death certificate, your Will (or determination by the Court if die intestate) can't be acted on.
A court would eventually be called on to determine if you had died.
Very slow & complex!
I never leave Victoria
Still could happen there!
Lock the doors, tattoo your ID on your torso, & never experience life beyond Vic😉
@mike6969: Missed? No - it was too obvious, so not that clever!
I've heard it before… My spellchecker makes the same joke (intestate / interstate) every time.
Hence my earlier reply: 😃 So self-isolate in Vic!
Seems you missed that😜
Then added the serious issue regarding travel & death… that you replied to.
It is if you're the one who has to deal with it.
Most people now want to spend on their wealth on themselves, and will leave nothing to their children/relatives.
Sometimes leaving them inheriting debt!
Even the lovely family house could be reverse mortgaged!
Or they sold it & are renting from the buyers (popular way of funding retirement overseas)!!
A neighbour proposed that for my house, sell to them as their investment property - with long term tenancy agreement so I could remain as their tenant.
A guaranteed income for the buyer. And no noticeable change for me. An easy way for me to raise a large amount of cash💰
Unless you did a search of ownership, no one else would know! A surprise for the relies after death!
Another advantage of little assets…
Going into care (on average a year before death), the Govt pays most of your costs if you've got little money, & no huge accommodation deposit (RAD)😉
Otherwise…
Was forced by a hospital to put elderly family member (with money) into care… $500k! Its refundable, but earns interest only for the care institution!! With inflation - that's a bad deal.
Having any assets also incurs a higher daily fee! Much higher if you sell the home.
Or borrow the money (at interest) from the institution, repaid as increased daily fee.
Get good financial advice!
I have a Will just to ensure my psycho brother won't get all my eneloops..
This is good if you have very simple affairs.
If you have any complex assets (trusts,overseas assets etc ) or family disputes such as estranged family please see a lawyer .
It will save your loved ones a lot of grief in the future.
Most lawyers do not make wills at a profit , its the execution where they get their money.
Especially if you use the Qld Public Trustee!
its the execution where they get their money.
Literal cutthroat lawyers?
Is there such a thing as lawyer free execution?
the best you can hope for is they do it quick, the bastards charge by the minute
AFAIK yes, it is quite normal for the executor of a will to be an ordinary non-lawyer, and they don't require legal assistance to do the job. People often use conveyancing help to dispose of a property if that is part of an estate, though you can also do that as a non-lawyer as long as you're not being paid to do it.
Agreed. Did this for the mother in law who passed away last year. It's quick and easy and I recommend it if you have fairly simple affairs and no complicated dealings. (Ie: Multiple investment sources, businesses, etc).
anyone with relatives on aged care here ya go
Where there’s a will, there’s a relative. No seriously make it easier on your beneficiaries and write that all funeral expenses come out of your estate first then the will is divided. It will save a lot of potential hassle in the future about who pays for the funeral.
funeral bonds
What are you talking about? The funeral is always an estate expense.
Can you specify that you want to go out in style, gold lambo hearse, operatic choir, supersonic flypast etc etc?
Not part of the Will.
That's simply a written direction of what you might like after you die. (It can be ignored.)
A handy document to write & discuss your plans with loved ones.
Have helped family members keep that document updated.
Funeral expenses do come out first!
No need to specify that in Will.
Banks freeze bank accounts as soon as notified of the death of the account holder.
But funeral expenses are different & can be drawn from those funds.
Organising funerals, found the funeral business can direct debit the deceased account.
More complex if there aren't available funds, but are paid before funds are distributed.
Consider donating body to medical training at a major Uni. Have discussed with Uni, as that's my intention.
Afterwards remains are usually cremated as part of the agreement.
So no or minimal funeral costs & you've hopefully done some good.
Body donation decision needs to be signed for before death - your family cannot decide on that later. Intention has to be signed on their paperwork.
Having said that, both my parents are/were body donors - my mother passed away a few years ago and it was so simple and easily done. And as her family, we knew her intention (they'd written it soon after they were married, before I was born, so simply done then - just a letter) and were very pleased when she was accepted into the program. We picked up her ashes a few years later and scattered them.
In this Deal, we're discussing pre-death planing. Done at a time when the person is competent to make the decisions.
peterw1 above was concerned about dealing with funeral cost at time of writing Will.
I responded that body donation is 1 option, which can be considered (at that time). It should minimise costs later for the family.
Like a Will, obviously body donation documents / agreement needs to be done while the donor is alive, competent to make the decision, wants and signs for it. And the teaching facility agrees.
That's why I said I am discussing it with Uni now - to donate my body when the time comes.
I regularly discuss the preparation for & processes of dying & death - with interested people. Suggested body donation last week, but it's usually rejected.
Organ donation is great, but a very different issue. Can often be a simple process (used to be with drivers license). Would recommend it.
May happen after death with a person with authority to agree to it. Often a question on forms for end of life decisions - Advance Care Planning.
I looked into that. Can't be a fatty so im out.
Where - so obese people know not to apply😉
But who knows what size or age we will be when we finally go.
Each medical teaching institution will have different requirements.
need some advice on the pros and cons. Never look into well before.
This is where we say go see a lawyer.
In short though, it's good if your personal/family matters aren't complex yet. If you don't really think you're going to die anytime soon, but want a will for peace of mind, this might be good. I don't think will really provides any advice based on your personal circumstances - it's more generic, suited for family matters where there won't be a dispute after you die.
If you you need to start asking various questions - or think that there will be a dispute about your estate after you pass - then seeing a lawyer's a good idea. It looks like this service offers some legal advice at an extra cost.
Will the lawyer still be alive when your will
A Will is independent of (the lawyer) who drew it up.
That's the point of having a Will. It's a legal document that has been signed by the person having the Will drawn up, & witnessed.
The Will states the true intentions of the person before they deceased. So make sure it states your current wishes for the distribution of your assets - is up to date.
Most should draw up a few Wills over their lifetime, as their circumstances change.
Pro tip: A will is not legally binding and not worth the paper it is printed on. Courtrooms all around the country are littered with cases of people successfully contesting wills and winning.
If you want security for your assets after you've gone, put them into a trust and assign the people you want as nominated beneficiaries.
Also: Don't get financial advice off some anonymous person on the internet 😁
To suggest having a will is as useless as not having a will is completely incorrect.
Kind of like saying I won't do any planning as life never goes according to plan.
When there's a will there's a way
No, Where there's a will, there's a relative!
It's amazing how fast they find out. I'd never heard of two until after the funeral.
Previous deals for this company have all had neg votes. Best consider your options and if really suits your needs.
That's not a vald reason for YOUR neg vote!
But good to point out others had problems with previous Deals. Others can check out the reasons.
2 negs in last free Deal - Safewill is not a law firm, so be cautious of any advice given (29+).
Safewill is an online service providing streamlined forms and information. Safewill is not a law firm or a substitute for a lawyer’s advice about complex estate planning issues.
Consider if this Deal is of use in your circumstances. May only suit a simple Will.
Can always seek out legal advice later to produce a more sufficient Will, after considering what you need in a Will through this free process.
Looking at their website, they have an option to add on "legal advice" which involves a phone call with a lawyer to discuss the Will. It says they will make amendments as needed. The cost is apparently fixed at $199.
Do you guys think this would be the way to go for a reasonably straightforward Will, just for a bit of extra peace of mind?
Depends how complex your Will is. (You said simple.)
And how proficient the (likely junior) lawyer is.
So an unknown.
Get a quote from a legal practice first. Likely much dearer!
Despite your circumstances, advice given will likely suit what the lawyer is used to. A boiler-plate approach, which may not suit your needs.
I'd rather sit with a recommended lawyer lawyer, with the paperwork in front of me. Costly & still doesn't avoid mistakes!
As a student, I was summoned to meet with my Uni's legal advisor! Even upside down she spotted a typo on my document! That's what they're good at!
For example, with Wills made by the Qld Public Trustee, the quoted free advice is only for 1 hour preparation of a basic Will.
(Wouldn't recommend PT! Beware of high charges for doing anything later!!)
I've suggested go through the practice of setting up a Will with this free service. To get to understand what you need to know & do.
Do some research first (online), look at some example Wills if you're not used to them.
The more prepared you are, the quicker & easier making a Will is. And that saves you if you seek advice later.
These offers have been offered before, & likely will be again.
Wills need to be made again (or altered) as your circumstances change. It's rarely a one time process.
email from my uni
Uni’s emailing this out? I wouldn’t imagine uni students would have much assets to need a will for (generally).
Don't forget the insurance value in super account ($) often multiple accounts.
It was a blanket email for uni students and alumni/supporters - I imagine it was targeted at the latter.
It's always best to be prepared!
Most should draw up a few Wills over their lifetime, as their circumstances change.
Had my first simple Will @18. My parents insisted & paid the legal fees. (They were the beneficiaries! Had nothing much.)
Seems this free Will would have been suitable.
Changed that after Uni.
And changed again as life changed. (Done free by lawyer mate, based on my research & wishes.)
Now with more assets & different life view, considering another Will.
As family doesn't need the money, will donate to suitable charity. Have volunteered overseas (providing training & arranging microfinance to locals to set up businesses in poor villages), so something in that area.
That requires a much more complex Will.
IMPORTANTLY, choose a reliable Executor you can trust to carry out the instructions in the Will!! (Have had a few far too eager candidates who may have other ideas of what to with my assets!)
When I die, they better play Big Shaq
I'll use chatgpt to make my will thanks
USYD :)
Just don’t! Will kits are cheap for a reason. It won’t be your problem after you die but your executor will suffer and your estate will be a whole lot more expensive to get probate. Common errors in home made wills/will kits not signing correctly with 2 witnesses. Use a different pen 💥 affidavit required to prove due execution by one of the witnesses. Both witnesses now deceased or have dementia 💥 bigger problem. Not disposing of assets completely. Unstaple and restaple will to copy 💥 affidavit required for plight and condition. Having your will prepared by a professional and witnessed by solicitor and staff is cheap compared to the expensive nightmare after you die when your cheap will is found to be defective.
your executor will suffer and your estate will be a whole lot more expensive to get probate.
💥Thats a total exaggeration!💥
It could, but only in some cases. And legally prepared documents have had the same problems!!
In years of handling Wills of extended family members (often as Executor) - that was never the case.
Simple Wills have their place. And were never delayed in Probate. It was usually not needed!
The biggest problem I encountered was with Lawyer prepared documents.
e.g. 20+ page Enduring Power of Attorney Copies were only certified on front page! Areas of the form document were left blank, meaning anything could be added later!
Unbelievable that family were charged for "certified copies" that could not be used when they were urgently needed to put a family member into care!! Caused unnecessary anguish!
Then they charged a fee to correct that! And a fee to release the originals they held.
Not impressed by legal "professionals"!!
I said I would raise a complaint of incompetence, but such action against a member of the legal profession is a difficult task! The family member was threatened!
From that point I took over family Wills & legal documents. I could run them past friends in the profession for advice.
In future, took documents to be certified to local JP - done free!
They will often have horror stories of incompetently prepared Wills - don't by legal professionals! Delaying Probate!
They often picked up basic faults made by those highly paid legal professionals for family members!
If you have any sort of asset that you want to be split, use a lawyer.
Free wills are almost worse than no will
Depends on individual circumstances.
Wills should not be a once in a lifetime document. They need to be rewritten or amended as circumstances change.
Free wills are almost worse than no will
No. A simple Will is usually a far better place to start than no Will - dying Intestate! Depending on the Intestate law in your State - that could mean all assets are distributed to the State Government!!
This Deal is just a form filling exercise.
Consider a simple Will as a 'trainer' / starter / trial Will…
To learn how to do it better next time (possibly with legal advice).
It will do in the mean time, if it's not complex. Far better than no Will!!
Most do not consider what questions need to be asked before writing a Will:
eg how best to divide up assets, include alternative benefactors (like charity) in case others mentioned die, or how to appoint the important Executor.
The process can bring up deep emotional issues, not best handled in a Solicitor's office. I've supported friends through the process of preparing… for their death💀
So you can use a simple Will to help you learn what you need to consider for the next Will! Going to a legal practice without that preparation is likely to be a more expensive process if not prepared💰
(I'm preparing Will #4 as circumstances have again changed. As it's distribution is complex, will be set up by a legal profession, but will do the important preparation myself.)
As an Executor for many extended family Wills, simple Wills worked without any problems. Some were prepared at great cost by legal professionals, but were basic documents that could have been done as well by a free Will service!
Legally prepared Wills sometimes had issues, especially when the Solicitor who prepared the Will was included as paid co-Executor.
I always needed to check the Wills drawn up by Solicitors - they sometimes had typos or other mistakes that could mean the Court could be required later to sort out such basic matters!
So make sure the Will is written correctly, your intentions for your assets & their distribution after your death are very clear, has no blank spaces where others may change or add their own wishes, and has been signed & witnessed as required.
I recall reading an article stating that if you are going to leave someone OUT of your will, whom you would normally assume would be included, you should write a sentence or two as to why they're being left out. Supposedly helps if/when they try to contest the will.
Usually best to make your intentions as clear as possible.
Giving a reason should help, but if the Will is contested its up to the court to decide. Best to avoid that!
The reason why a close relative is left out or an unknown person included should be seen as a valid one. Not just because "I don't like them".
Wills & family fueds…
One of my relatives hated her brother from childhood. The brother was the same.
She left the majority of her assets to charity - to annoy him. Her assets were mainly from their Father's Will. She was his carer until he died.
It annoyed the brother that family money was being 'lost' from the small family.
To annoy him more, she made him co-Executor with her solicitor who was paid to do the same job - act on her intentions in her Will.
She allocated a small percentage to him in the Will, so he would stay in her game.
There was no explanation in the Will. She just wanted him to suffer without an explanation!
(She had warned me she would get back at him after she died! That discussion was confidential, so I never told her brother.)
He wanted to challenge her Will in court. That would have chewed through much of the Estate & possibly achieved nothing
I advised him to just walk away - don't play her game. Just take the pittance.
Explained their Father strongly supported those charities, so would have supported her decision.
Her charitable donations were good, what she would have wanted, but done with a bad motivation.
If her reason (unreasonable hatred) was spelt out in the Will, it may have been easier to contest.
She was a Church Minister in a mainstream Christan church!!
I pitied them both & burried them beside each other😉
As someone who recently went to a solicitor to prepare a will this is a half truth.
In Australia only someone defined as a dependent can contest a will.
A dependent may contest a will, but a good lawyer will advise.
A form on the other hand??
Assumed they meant a close family member - left out of Will. As in the example I gave.
Not just anyone can contest a Will! There would be no need to give any explanation for excluding a non-dependent, even a close friend.
In any legal case - you need to show "legal standing" to bring it. As you point out, with Wills that's a dependent.
State laws set out who is a dependent. Especially in the case where a person dies without a Will (intestate).
If a non-dependent tries contesting the Will, they will quickly be shown a diagram of who is able to contest - dependents (as defined by the State).
If they proceed… where the courts are not satisfied that an applicant’s claim is proper and appropriate, they have dismissed those applications. Plus, they have ordered that the applicant pay the estate for the legal costs of defending the claim.
But an explanation of why a non-dependent is INCLUDED in Will is a good idea.
Wealthy family member was upset Will left his Uncle's house to 2 guys with little, who lived next door to Uncle. Was a good gesture by him to give them a good start in life.
Don't know the outcome - I was probably 6 at the time.
Grew up with family members challenging family Wills! Learnt a lot about solicitors, Wills & my extended family!
Damn right! It was only a slap and Chris was asking for it.
What's the point if we're all in the Matrix
Everyone else is just AI and don't need my assets
I got ChatGPT to write my will, it worked well.
This is cool, how to they know I've dropped dead and to email my beneficiaries though?
It's been discussed in previous free Will Deals
how to they know I've dropped dead
As a person who has determined death has occurred in a few people - check for a pulse if they are with you… Confirm with medical staff.
If no one knows you're dead….
Unfortunately a problem for those living alone (especially for elderly in large Japanese cities)!
So stay in regular contact. If you're missed - someone is more likely to check on you.
One suggestion I've tried is DeadMan Switch or similar. An email is sent to your assigned contact (Executor) if you don't respond to requests to respond in app. Handy if travelling, as gives GPS position of last response.
But false alarms may be annoying for recipient. I can be outside normal means of communication for weeks. (Just change settings in that case.)
Some complexities of dying alone & unknown overseas
and to email my beneficiaries
Legally, nothing can be done - without a death certificate being issued & the Executor acting on the instructions in your Will!
The Will may need to be processed by the Court (PROBATE) before any distribution to benefactors is possible…
Beneficiaries will have to wait!
Quick solution…
Keep some supplies or cash stashed away for them - a great WAKE to celebrate your life. Send them the details. (eg plastic box buried in back yard)
Your Executor doesn't need to know!
Requires a credit card to submit even though its $0 "for identity purposes", and automatically adds a yearly subscription that you can't remove ($0 for first year) and have to opt-out of at a later date, but a lot of people are going to find they get charged $15 a year after to the card you have to type in before you can get this free one.
Not saying its not worth it - just that you don't find this out until after you have done everything!
Thanks for that vital info👍
Should be pinned!
Can you download your will once finish the process?
No, not at the stage I got to. It would not even let you see it as a document until after you have entered your card details. It then sends it to their team for review. Presumably after this stage you will get a copy to see. But until then, all it is is random questions on the screen you have to select yes/no and type in details then click next to each question they ask.
There is no ability to take the $15 subscription off, or to cancel the auto-renew, until some point after you have done all of the above.
you can turn off auto-renew
should I leave money to my ex ? that's a big question.
yeah nah
Leave her your debt
Would it be free just for one year? and from then onwards it will be a yearly subscription fee of $15? I thought once a will is created it stays like that forever, unless you yourself would like to make any changes?
Didnt know there is an ongoing cost as well with regards to Wills.
Sorry if it sounds a little naive but not really sure how this whole thing works.. how would safewill people get to know, in case of death ( God forbids) .. is it registered against assets ownership e.g Properties etc?
Just went into the settings and disabled the auto renew removes the charge that was proposed for next year.
Probably in the terms and conditions somewhere has all the details.
You get what you pay for nothing in this case so dont expect too much better than nothing which is what i had in place :)
I think the $15 offers you unlimited changes to your Will every year of subscription and a digital platform (SafeWill) to store your Will.
My wife is pretty controlling, I could use some free will.