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Kylie Cox

Debunking the Myths: 5 Common Will Writing and Estate Planning Misconceptions

Updated: Aug 18

Will Writing Category

Let's face it, estate planning and writing a Will aren't exactly at the top of anyone's "fun things to do" list but they are crucial aspects of financial management. But what if we told you there are a bunch of myths floating around that might be stopping you from taking this important step?


Here's the truth behind 5 common misconceptions about Will writing and estate planning:



Myth #1: It's Only for the Rich

Wrong! You don't need to be wealthy to benefit from a writing a Will. Even if you have minimal assets, a Will allows you to specify how you want those assets distributed and who should receive them. Without a Will, your assets may be subject to intestacy laws, which could result in them being distributed in a way that does not align with your wishes. Whether you have a grand estate or a cosy apartment, a Will ensures your wishes are known and your loved ones are taken care of. Even small things like sentimental belongings can cause unintended conflict without a clear plan.


Myth #2: It's Complicated and Expensive

Estate planning can be surprisingly straightforward, especially with the help of professionals. While there are complex situations, a basic Will can be drafted without breaking the bank. Think of it as an investment in your family's future peace of mind.


Myth #3: My Spouse Gets Everything Anyway

While it's true that spouses often inherit a significant portion of an estate, this isn't always the case. Without a Will, the distribution of assets may be governed by intestacy laws.. In some cases your children will be entitled to share your estate with your spouse. Creating a Will allows you to specify how you want your assets divided, ensuring that your spouse receives what you intend. While this might be true for some jointly owned assets, a Will allows you to distribute other belongings specifically. It also becomes crucial if you have children or if you've been through a divorce. If you are not married, then your partner isn't entitled to benefit from your estate at all.


Myth #4: A Will From Years Ago Is Fine

Whilst Wills are flexible documents there are certain events which will need you to update your Will. Life changes! Births, marriages, and even changes in your financial situation can all render an old Will outdated. It's wise to review and update your Will every few years, or whenever there's a significant life event.


Myth #5: Wills Avoid Probate Court

Unfortunately, a Will doesn't bypass probate entirely. Probate is the legal process of settling your estate, but a Will makes it much smoother and ensures your wishes are followed.


Ready to Set the Record Straight?

Estate planning isn't about predicting the future, it's about taking control of the present. By addressing these misconceptions, you can ensure your legacy is handled according to your wishes.


Next Steps:

  • Talk to an estate planning professional such as Toucan Law to discuss your specific needs and get personalised advice.

  • Gather your financial information to make the Will writing process easier.

  • Don't put it off any longer! Give yourself and your loved ones the peace of mind that comes with a solid estate plan.


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