Article of Interest on Wills & Estates

WORRIED ABOUT YOUR WILL? 

Margaret had a modest estate consisting of the home in which she lived and a portfolio of investments from which she earned an income.

Margaret had 2 children, a son who lived in Melbourne and a daughter who lived nearby. Her daughter had in fact relocated to live close by Margaret to enable Margaret to remain in her home.

Margaret had attended a Lawyer to make a Will as she was worried. The Will drafted by the Lawyer provided for the whole of her estate to be divided equally between her 2 children. Margaret was totally unhappy with the Will. She had been told her estate was simple. She had been told how the Will should be finalised. No-one had listened to her and she had a lot to say.

Although Margaret’s estate did not have massive assets, Margaret had worries and she needed someone to listen to her. It was not easy for Margaret to tell her story and it was important she did in order for the Will to be drafted in accordance with her wishes and her worries.

Margaret’s relationship with her son had never been a good relationship and they had not spoken over the past 4 years. Whereas the relationship Margaret had with her daughter was very strong. She was a part of Margaret’s everyday life. Margaret was dependant upon her and loved her dearly. This relationship enabled her to remain in her home and live independently.

Margaret wanted to provide for both of her children. However, she wished the provision to reflect and acknowledge the strong supportive relationship she had with her daughter.

It took great courage and some time for Margaret to disclose her thoughts and worries to her new Lawyer. She needed to be heard and her worries demanded respect. A real professional will listen intently to Margaret’s concerns and draft a Will in accordance with what Margaret really wants.

It is not the role of the Lawyer to impose his or her will on your wishes. The Lawyer is there to listen carefully to you and to tease out what it is you really want, as opposed to what the Lawyer wants. A good Lawyer will advise but not control.

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