Arranging a will is an important part of having your finances in order. But according to a 2018 Finder survey of 2,000+ Australians, more than half of us don’t have one, mainly because we just haven’t got around to it. If you’ve been putting it off, it’s worth knowing just what happens if you die intestate – without a will.
A will is a legal document stating how you want your estate assets – such as property and possessions, cash and investments – to be distributed when you die. If you don’t have a will, assets will be passed on to family members according to the intestacy laws for your state or territory. These laws follow a formula for who gets what, so your assets may not end up with the person or people you have in mind.
What about your super?
Your SASS benefit, and any other super you may have, are ‘non-estate’ assets and therefore won’t automatically be included in your will. Some super funds allow you to make a nomination for who should receive your assets if you die, but such nomination doesn’t exist for the SASS scheme. Once you die, your assets will pass to your spouse or de facto partner through a death benefit which is in most cases, paid as a lump sum.
If you don’t have a spouse or de facto partner, your benefit will be transferred to your estate, which is why it’s crucial to have an up-to-date will in place. If you’d prefer to pass these assets to someone else when you die, it’s vital to think carefully about options for your super, especially as you near retirement. As you exit SASS, unless you have a lifetime pension option, you’ll choose whether to have your benefit rolled over to another fund where you can choose to commence an account-based pension, receive a lump sum, or do a combination of both.
Regardless of what you decide to do with your super, reviewing your will on retirement is a good idea. It gives you an opportunity to make sure new estate assets – such as savings from a lump sum payout - or super, if you have made a death benefit nomination for your estate – are accounted for.
Tips for arranging your will
You can see a solicitor, public, private trustee or an estate specialist through Aware Super to draw up your will and documents for your estate plan. Here are five things to think about as you get this underway:
- You’ll need to appoint an executor to carry out instructions in your will. This can be a friend or family member, or your solicitor or state trustee can do this for a fee. If choosing a family member as your executor, keep in mind any existing conflicts that could make it complicated for them to carry out your wishes.
- Collecting key documents such as bank statements/details, property deeds and insurance policies will help you ensure everything is covered in your will. Easy access to these documents will also help your executor in their role.
- By selling assets before distributing the proceeds to beneficiaries, your estate may be liable for Capital Gains Tax. Your solicitor or trustee can advise you on this and other tax implications as you decide how to share out assets.
- Once you have a will, be sure to review it every five years and every couple of years if there is a key life event for you or anyone you appointed in a key role such as executor, attorney, enduring guardian or beneficiary. These key life events may include: the death of a family member, divorce or buying/selling an asset such as property.
Your will is a crucial part of your estate plan, but there are other things to consider too. For example, you may want to organise other legal documents, such as an Enduring Power of Attorney, to make sure your affairs are managed according to your wishes once you lose capacity to do this yourself. With so many things to think about, it’s always best to talk to an expert before deciding what’s right for you.