Passing Away with Out a Will
Holzworth Legal’s real-life case studies reveal the costly and stressful consequences of not having a Will. These stories show how proper estate planning ensures your wishes are followed and protects your loved ones from legal battles.
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Case Studies-
The Case of Jeff
Individual
Jeff, who was single and had no children, passed away without leaving a Will.
The Public Trustee conducted an extensive search of both his maternal and paternal family trees, which took over two years to complete. This effort uncovered around 25 branches of his family.
Ultimately, 20 elderly cousins received varying portions of Jeff’s estate, although some passed away during the administration process, further complicating matters.
Only a few of the beneficiaries had known Jeff, and the estate incurred significant costs, largely allocated to the Public Trustee.
The Case of Mary
Individual
Mary was 22 years old when she tragically died in an accident.
Without a Will, her Estate received a $2 million insurance payout. Because Mary had not prepared a Will, her estate was split equally between her parents.
This meant that her estranged father, who had abandoned the family when Mary was just six months old and had never paid child support, received half of her estate.
Despite her family’s belief that Mary would never have wanted her father to benefit, he still received 50% of her estate.
The Case of Jill
Step Families
Ben, originally from New Zealand, moved to a mining town in Queensland, Australia. He lived in a de facto relationship with his partner, Jill, for over twenty years and helped raise her children from a previous relationship, who lived with them until adulthood.
Tragically, Jill passed away before Ben, leaving her estate to him in her Will. Ben maintained a close relationship with Jill’s children for years, but when he died without a Will, they received none of his estate, including the family home where they had lived their entire lives.
Instead, Ben’s estate was awarded to an estranged brother living in New Zealand.