Legal Tip 65: Free wills cost a fortune

If you like having the public trustee decide the finalisation of the estate and their fees sure. I dont know ANYONE who would choose the public trustee other than their so called free wills (old people with few assets).....I refer back to terry's view in the original post. That may be fine for a estate with a sole joint asset (home). Otherwise I'm thinking of other examples.

You do realise that the public trustee is appointed executor for all intestate matters ?

 

This is not the case.

When there is no will a family member can apply for appointment as Administratior of the Estate. In NSW s63 of the Probate and Administration Act 1898
http://www5.austlii.edu.au/au/legis/nsw/consol_act/paaa1898259/s63.html

But the problem where is there can often be disputes with 2 or more people applying to take the role. Spouses and children of the first marriage in particular.

 

Given your avatar's rather unique relationship with the person in question maybe it was a case of it should have been so obvious it wasn't. The Sadam and Satan as lovers stuff was some of the South Park boy's great work.

 

I have assets and they would be passed on exactly as I want under intestacy rules. Surely the advice should be that if you either don't understand intestacy rules or you do but want your assets divided up differently, then a will is recommended, otherwise intestacy could serve your death wishes just fine.

FWIW, I have a will due to a prior employment requirement, which pretty much outlines what would happen through intestacy in any case. I am just wondering if, in this specific instance, a will is superfluous.

 

see
Legal Tip 66: Why should I have a will? https://propertychat.com.au/community/threads/legal-tip-66-why-should-i-have-a-will.3171/

 

I see nothing in that list of tips that shouts out that I absolutely need a will. I am happy with all default provisions of intestacy. I know you mean well, but asking a lawyer whether one needs a will or not is not unlike asking a hairdresser whether one needs a haircut, so I'll stop asking.

 

No you don't need a will. But it may still be a good idea. But that is a personal decision each person needs to make.

 

Yes agreed a simplistic view. There are other options but not always + its not always that easy. I had a client denied the request where there was a handicapped child under state guardianship and the trustee the NSW Guardian Office applied to be appointed was aweful and refuses to discharge the estate. Meanwhile they take take take at a fee that makes the Public Trustee look discounted. They wont resign or pay for the childs maintenance other than medical care three + years later. Costly when it gets to court for all concerned and the poor kids loses. All because the estate planning was done "DIY" very badly.

 

Not fun. My mate's mother passed and her will was with the public trustee. The role of exector has actually gone to a major law firm in Perth. Needless to say they have been a nightmare to deal with. Not recommended.