Having a will from RSA

[LouiseMark]

Hello all

My hubby is feeling a little concerned (probably a bit melodramatic too) about his will he wrote way back when, in RSA. It was just a DIY will that he had witnessed by friends but now that he has to have a medical procedure to determine the cause of illness, and this could turn out to be serious, he is wondering if it will hold up here in Australia. Anyone with advice? We don't have lots to leave anyone, just a property we own jointly and a few investments for retirement - so no crazy family members will be fighting over his money.😄 But obviously he would like to know the kids and I will be ok.

So anyone with advise would be great thanks!

[TamTam]

Please please take note - that will WILL NOT be valid in Australia. Only a will drawn up in Australia is valid. I had similar concerns especially since the issue of parental guardianship could arise if anything should heaven forbid happen to both myself or my husband. We went to the Public Trustee of Queensland and had a will drawn up in 1 hour by a lawyer for free (though the $60 parking fee in the city had me gasping).

 

Please ensure you get a new will drawn up in Australia. Your husband is most definitely not being melodramatic.

Edited August 26, 2018 by TamTam

[FingersCrossed]

Ah thanks @TamTam for the response. I was actually wondering the exact same thing.

[RYLC]

Agree with TamTam. You'll need an Australian will.  Even marriage prenups aren't valid here.  Everything is community of property. So definitely see a lawyer. It'll cost a few hundred dollars to get wills and health directives set up. I've always said that dying is the easy part - the problems start if you only half die and then can't make your wishes known, set up your spouse as power of attorney here in Oz etc. Without this you'll be stuck if something less than death happens. Sorry to sound so morbid but it has to be discussed.  All the best with the tests.

[ChrisH]

12 hours ago, TamTam said:

though the $60 parking fee in the city had me gasping

 

Always book parking for the CBD online before you go: https://www.myercentrecarpark.com.au/car-park-rates/

[luckytobehere]

Your new will, as well as Enduring Power of Attorney need not cost you any lawyer fees! Just make an appointment with your local Public Trustee, and they'll take you through the process. An Advance Health Directive is a bit more complex, & will require the input of your GP.

[RYLC]

1 hour ago, luckytobehere said:

Just make an appointment with your local Public Trustee

 

From other forums that I visit,the locals say that getting a free will through the Public Trustee might seem a great idea now but will bite you later. They don't take a fee on the front end because they get to take extraordinary fees after your death to "administer" your estate. Mostly they seem to drip feed the funds to the beneficiaries. Now this might have something to do with the will itself but don't fool yourselves that it is a free will service. They get their pound and half of flesh in the end. 

 

1 hour ago, luckytobehere said:

An Advance Health Directive is a bit more complex, & will require the input of your GP.

 

We did not go near a GP for this. Our lawyer (specialising in wills) set up Advance Health Directive along with Enduring Power of Attorney over each other, wills and also testamentary trust to adminster our affairs while our children are still minors. 

 

The paperwork needed to cover these worst case scenarios is too important to rely on a "free" service.

[LouiseMark]

thanks everyone for your replies. 

We are all sorted now. There is no free wills in NSW anymore.