If you’re anything like me, the thought of writing a Will seems like a mundane, morbid task that really does not appeal.
Sadly for many of us in the stroke community, we know life-changing decisions sometimes have to be made long before we are ready or want to think about them. Stroke strikes in an instant changing lives forever and there is little time to prepare for the journey ahead. This is part of the reason making a Will is so important. Even if you think you don’t have many assets to leave behind, writing a Will and leaving clear instructions is really important. Having an up-to-date Will can take the pressure off your family and they will be able to focus on the important things rather than government processes and requirements.
It is always better that you have a current Will. Even for the sake of all those additional things that you wouldn’t ordinarily think about such as who to notify, who would look after you cat, what would you like done with your car?
Have you ever thought about leaving a gift to your favourite charity?
This week is Include a Charity in Your Will Week – a time when we’re encouraging everybody to think about remembering a charity in their Will. Gifts to charities can make a big difference to the good work they can do.
Here at the Stroke Foundation, we’re lucky to have more than 700 generous supporters who have let us know that they have thoughtfully remembered the Stroke Foundation in their Will. These gifts are made up from all different amounts and every kind donation will have an impact in preventing, treating and beating stroke. It is a powerful legacy to leave.
Writing a Will is an important and straightforward process. Below is some advice to get you started:
1. Use a lawyer rather than a DIY kit
Making a Will can be complicated and involves taking a few decisions. It is a good idea to get professional help to make sure it is valid and there are no mistakes. If you are not sure how to find a lawyer, ask for a recommendation from friends or family, or contact your state Law Institute or Law Society for a referral.
2. Choose your beneficiaries
Most of us will choose family and friends first, and then think about supporting some of the other causes dear to our hearts – favourite charities, church, sporting clubs, schools or universities.
3. Choose the executor of your Will
This is the person who will make sure your final wishes are carried out. It is important to choose someone who is responsible and perhaps someone who knows you well. You can also think about designating a neutral party, like a lawyer. The job of an executor is often difficult, emotional work, and even a trusted, smart family member could make a mistake or be overwhelmed with the task.
4. Decide if your executor will receive compensation
If you choose a lawyer as your executor, there will be a fee involved. However if you're choosing a family member or friend, it’s a good idea to be clear about whether they’ll be compensated for their efforts in finalising everything for you after you’ve passed away. Closing an estate can be a long and complicated task.
5. Choose a guardian for your children
If you’ve got young children, think about what would happen to them if you were no longer able to raise them? You don’t officially need to get permission from your friend or family member before appointing them as your children’s guardians, but asking may be good idea. If a guardian is not named or declines, a court will choose the most appropriate guardian.
6. Be specific about who will get what
Houses, furniture, clothes, jewellery, your car, your pets… there is a lot to consider when you think about all of the things we accumulate during our lifetime. Be clear about your assets and who they are left to. If someone in your family isn't going to receive anything, make note of that, otherwise the implication could be that you forgot about them and your Will may be challenged in court.
7. If you have anything personal to say, attach a letter to the will.
Wills, being legal documents, are often impersonal and use legal language to express your wishes. You might choose to write a more personal letter to your children, partner or close friends. That way you can explain why you’ve made the decisions you have and let them have peace of mind that these are your final wishes.
8. Other people need to sign the Will
You need witnesses to say they have seen you sign your Will and that it’s accurate. Often the witnesses can't be people who stand to inherit anything in your Will and they’ll need to be at least 18 years old.
9. Find a safe place for your Will
Put it in a secure spot – like a safe or document folder and with all of your other important papers. Also make sure someone you trust knows where to find your Will when it is needed.
10. Update it every four or five years
As your circumstances change over the years (births, new arrivals, new relationships and friendships, moving house, selling cars, deaths) make amendments to your Will.
Alongside your Will, it’s also important to consider your Powers of Attorney, so if the worst happens, those you trust most are empowered to make the right decisions on your behalf.
If you have questions about the process or would like to know more about the impact your gift will have on stroke please contact me or a member of our friendly Gifts in Wills Team.
Visit – www.strokefoundtion.org.au/giftsinwills
Call - 1300 194 196
Email – giftsinwills@strokefoundation.org.au
