Did you know that only about 42% of people have an up-to-date Will and even fewer have an Enduring Power of Attorney?
While contemplating our own mortality is uncomfortable, HopgoodGanim Partner Brian Herd in our Estates and Succession team says early action can help avoid the turmoil he terms a "lawyer's picnic". Brian was recently interviewed by Bec Wilson, Founder and Principal of Epic Retirement, about the importance of estate planning.
You can watch the video of Brian speaking with Bec, who is the author of the upcoming book, How to have an Epic Retirement, on YouTube. He shares more not only what can go wrong, but how to avoid it.
Brian says there are three undeniable truths about death: Its unpredictability, inevitability, and finality. While many people acknowledge these facts intellectually, he considers many of us still tend to avoid confronting our own mortality.
The solution, says Brian, lies in articulating our wishes in a will. If you don't, he warns, the law will say what happens to your estate, not you.
But, dismissing the necessity of estate planning by presuming that family will take care of your assets is a fallacy: This mindset often leads to disputes and infighting among relatives, ruining both financial plans and cherished relationships.
The true legacy of inaction, he says, can also be the destruction of family relationships. Competitive siblings vying for control and inheritance can irreparably damage the family fabric.
And, he adds, the same scenario can arise if you fail to do an Enduring Power of Attorney. He recounts a particularly distressing case where a mother without a spouse had four children competing to become her administrator because she had not done an Enduring Power of Attorney. The aftermath was disastrous, resulting in fractured relationships and a shattered family bond. The fallout can be so severe that it cascades down the family tree to extended family members, such as cousins, who cease communication. All of this could have been prevented if enduring powers of attorney had been established.
In light of this sobering reality, Herd says doing nothing is not an option. He urges individuals to prioritise estate planning, especially if they value the preservation of family relationships. Taking action and proactive steps, such as creating wills and enduring powers of attorney, is imperative to shield loved ones from the ensuing chaos. By doing so, one can protect the family legacy and ensure a harmonious future, free from the strife that arises from neglecting these essential legal documents.
His mantra is - just do it and stop fiddling around.
About Brian Herd
Brian is recognised as one of Australia’s leading experts in the areas of elder law, retirement, disability and aged care.
He has extensive experience in life planning for older people, including making Wills, administering estates, disputes over Wills, superannuation, social security, retirement villages and aged care, incapacity, the Guardianship Regime, the loss of a spouse or the ‘suddenly single syndrome’, planning for disabled children, elder abuse, enduring powers of attorney, advance health directives, family agreements and disputes and mediation.
More information
If you are considering your estate planning needs, reach out to Brian and HopgoodGanim’s Estates and Succession team for more information.