Think Beyond Now

I received a frantic call from a local contact and referrer, ‘Jane will you come and write my Will please’ ‘Hello Maureen, yes of course I can is everything OK you sound upset? When would you like me to meet with you?’ ‘Today she said’

This was my first encounter of an awful situation that is wide spread throughout Western Australia. Maureen’s neighbours and close friends of 34 years had been dealt two very sad and awful tragedies; firstly her friend had died suddenly and secondly her friend’s partner was being ‘kicked out’ literally of his home of 34 years!

Maureen then panicked as she saw the awful consequences of not having a Will unfold in front of her eyes.

Her friend who sadly died owned the couple’s home in her name alone although her partner of 34 years had contributed each month towards the mortgage payments, utility bills, repair costs, having an extension put on etc. over this period.

They were not married but had lived together as “man and wife” for 34 years and did not see the point in getting married they were happy. Neither of them had been seriously ill and had not even considered the need to write their Wills they were still young being in their late 50’s.

Sadly the gentleman was taken ill suddenly without warning and died a few days later. The funeral was held and Maureen & her husband were present. When the invited guests had left Maureen & her husband stayed behind to help their friend. The son of the gentleman who died came through to the kitchen and told his father’s partner that she had six weeks to leave the house or she would be evicted through the courts! He then left.

As you can imagine not only dealing with the shock of losing her loved one the lady was now being told to leave her home of 34 years within six weeks! She had always got on well with her partners son so this was even more of a shock. Such a tragedy and a needless one.

Legally the son was quite within his rights to demand that his father’s partner of 34 years leave their home. Because the property was in his fathers name and her name was not on the property deeds and there was not any declaration made and witnessed by either partner the son had legal rights to take ownership of the house on his fathers death. The law states that the children are automatically entitled to assets after the death of their parent if no spouse exists and no Will is written stating anything different.

If only they had had a Will written it would have ensured that this lady would still have a roof over her head and her home in intact. No Will no automatic rights!

Maureen had witnessed this awful tragedy first hand and offered assistance to her neighbour to fight for her to stay in her home but even through the courts and after 34 years of contributing to the mortgage and bills etc she had no legal right to remain in her home.

After this horrible and emotional event Maureen realised that she had not written her Will.

When I sat down with her she was visibly shaken and upset by the whole affair. She said that she wanted to ensure that her husband and family were provided for in the event of her death.

In addition to this Maureen had been so traumatized by this event that she had asked her boss if he would ensure all his staff, her colleagues had their Wills in place.

Her boss could see the benefits of doing this for his staff and offered Will Writing as a benefit to his employees the following week and encouraged all of his employees to get one written immediately.

Sadly their friend had to move out of her home of 34 years literally six weeks after the death of her loved one and partner of 34 years.

All she had to show for 34 years were the personal items, furniture and effects but no roof over her head and no home to come back to.

If you are part of an organisation or a business owner yourself Willcraft would be delighted to offer employees the chance to write their Wills by providing this service as a benefit to them through the company benefits programme.

Many employees live with their partners; many are not married and most have their home mortgage with one or other of the partners rather than joint mortgages.

The cost is minimal the benefit is enormous!

For further information about Willcraft and their home visit services contact:

Telephone: 9368 1337 or email team@willcraft.com.au

Willcraft is a business owned and operated by Willcraft Estate Planning Pty Ltd

PO Box 1451, South Perth, 6151 WA

ABN 84 820 160 324