When A Loved One Refuses To Write A Will

So you've made the decision to become Strong Willed: taken the time to do an estate plan, written a will that gets regularly reviewed and updated, and you've been brave enough to get professional advice so you understand what life will look like if you were to die this year.

You want to look after the people you love if you're no longer around. But what about the people who love you?  What if they haven't done the same?

It's not uncommon for people to have a family member or close friend whose refusal to write (or update) a will means that, despite all their hard work to get their own life in order, they inherit a raft of chaos and drama in the future.

What happens if you inherit a rubbish will (or no will at all)?

Nearly every family has that one relative who insists a will is "unnecessary". Someone who believes everything will magically sort itself out after they die. Or that the $20 post office will they wrote in 1982 will suffice (despite their life changing dramatically in that time).

As frustrating as it is, you can't force someone to write a will. But you can take some simple steps to help make the estate administration process easier and less stressful when the time comes.

Here's your survival guide:

1. Document everything you can

Even if your loved one refuses to write or update their will, you can reduce chaos by keeping detailed records of assets, debts, insurance policies, property ownership, and any informal agreements. Executors or Administrators (or future you) will thank you later.

2. Understand what life will look like for you when your loved one dies

Most people make assumptions about what life will look like, how assets will be distributed, or what they're entitled to when a family member dies. Most of these assumptions are based on guesswork, or what someone on Reddit said - not facts.

Getting generalised professional advice about things like asset distribution, family provision etc, will help you understand what life will actually look like when the time comes.

These conversations can often help the non-will maker understand their wishes may not be carried out as they assumed if they're relying on legislation to make decisions.

3. Do what you can now to make life easier later

If there's anything you can do now to make life easier later, get it done and avoid unnecessary stress, confusion, and conflict when emotions are high.

4. Have hard conversations

Yes, it's awkward, but having repeated, gentle conversations about the purpose of a will and how decisions will be made in the absence of one can go a long way.

Open conversations about wishes, assets, and intentions can make a huge difference. Even if they refuse to formalise a will, you'll have a better idea of what they wanted, which can guide decisions later.

5. Get your own nest in order

In my experience, people spend a lot of time worrying about their inheritance and forget to make sure their own nest is in order.

Ensure your own estate plan is up to date, including Powers of Attorney and Substitute Decision makers who can make decisions on your behalf if you lose capacity.

 

Click HERE to find out more about Estate Coaching or make an appointment today to discuss what the future looks like if someone you love dies this year.

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