Need cheap interim will asap

Discussion in 'Wills & Estate Planning' started by ClownsEatMe, 12th May, 2021.

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  1. ClownsEatMe

    ClownsEatMe Member

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    Cash flow nonexistent and need to make will until I can afford a proper fancy profesh will.
     
  2. Trainee

    Trainee Well-Known Member

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    You have any assets?
     
  3. ClownsEatMe

    ClownsEatMe Member

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    Yes, but tied up and can't offload immediately but feel uneasy having no will until I can free up some cash. I want something that is basic but probably better than no will at all to fill the interim gap. I'm pretty destitute poor in cash flow sense right now.
     
  4. Scott No Mates

    Scott No Mates Well-Known Member

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    Some solicitors will do a will for free to their clients.
     
  5. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

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    A handwritten letter may suffice but may also be useless. The very cheapest and nastiest will may be a cheap online or post office "DIY will kit". It would preferable to a person dying interstate (without a will) as the NSW public trustee may then be appointed by default. But any defects could mean it a terrible choice. My wife and I realised our wills were outdated (due toa specific issue) on the very day we were flying out. Of course. We used a cheap DIY option and had to scramble to have witness requirements met - a half hour before we left. Came home and fixed it properly.

    Also dont overlook your super nominations !! eg If your super says leave 100% to Mrs Clowns and Mrs Clowns just left you changing you will will NOT fix that. You may need to fix the super AND do a DIY will.

    NSW public trustee used to do free wills - But you end up with them as executor....Not free.

    Making sure somone finds the will is a further factor.
     
  6. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    I think the public trustees do free wills if you use them as your executors
     
  7. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    You keep saying this but it is totally wrong.
     
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  8. Tony3008

    Tony3008 Well-Known Member

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    I wonder why? They'd charge a six-digit sum for winding up my estate - mind you, my solicitor who is my executor (no family here) will probably charge something similar, not that I'll care
    State Trustees Commissions, Fees & Charges - State Trustees VIC
     
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  9. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    upload_2021-5-13_10-50-10.png

    It appears that they still charge even if they are the sole executor.
    Note how they generously discount their wills for older persons who are more likely to die sooner than younger ones.
     
  10. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

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    Depends who their beneficiaries / family etc are. It certainly avoids a load of legal complications to have a will that appoints a valid executor. Does it not ?

    eg Fred has recently divorced. He has three young kids. His parents live in Bartstavia and Fred has terminal cancer. He dies without making a will. Who is his executor ? Or what is the process and cost to be appointed as one where there is no will.

    (A : A TT will may even have been wise rather than any DIY solution). But who will act as trustee ?
     
    Last edited: 13th May, 2021
  11. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

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    Probs due to the income they will earn ?
    Like all state agencies they have gone commercial to make ends meet.
     
  12. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    Under NSW law if a person dies without a valid will the estate will need an administrator. The spouse, children and next of kin can apply. If none, others can apply and be appointed by the court or the court could appoint someone. There is no default appointment of the public trustee.