Do your parents have a Will?

A straightforward blog article today with a simple question; “do your parents have their Last Will and Testaments in place, and updated to reflect their current wishes and circumstances?”. We know that about 60-70% of people don’t have a Will in place, and most of these are not kept up-to-date, but I am guessing that a very few number of people have had the discussion with their parents regarding their estate plans. There are obvious reasons for this; first is the misconception that a talking about estate planning is tantamount to telling them that they’re about to die. This is of course a strange notion because few people plan their death, but everybody should have their estate plan in place.

The other misplaced notion is that you would be prying into the financial affairs of your parents. Of course, asking if your parents have a Will does not require that you are privy to the contents of that Will. Parents can just let you know that yes, they have a Will, you may be the Executor of that Will, the rest can wait until after they have passed away.

Why do you even need to know if a Will is in place? Because a parent dying with a Will, and a parent dying without a Will are two very different experiences.

When a single remaining parent passes away and their Will is in place, the Executor takes that Will to the probate courts, is granted permission to administer the estate and take care of the funeral plans. With this court document they are able to go to the banks and financial institutions and gather the assets of the estate to be distributed according to the wishes outline in the Will. Everything can be resolved in a matter of weeks.

Without a Will different people may apply to the courts to administer the estate. No asset can be touched until the court appointed administrator has been assigned. The estate will then be distributed according to the laws of that jurisdiction which may require certain assets for example, real estate, to be liquidated. The whole process is likely to take months rather than weeks, no asset can be touched in the meantime and the distribution of the assets will not likely match the wishes of the person who died. Arguments and family divisions are far more likely with children squabbling over everything from the funeral plans to the ownership of individual items. And there is actually quite a high probability that some assets are never even discovered.

Parents who die without a Will end up creating problems for their children, so have the discussion. Just ask if a Will is in place and ask if it has been updated in recent memory. You need not pry and you are not hastening the demise of your parents by asking the question. If the answer is no, you should let them know that it need not be expensive, and can be done in 30 minutes or less at sites like LegalWills.ca, LegalWills.co.uk and USLegalWills.com.

2 thoughts on “Do your parents have a Will?

  1. my father passed away 2009 my sister and my father, s girlfriend committed a fraud they forged a will and they went to the must of the hight with incomplete documents to open a letter of executorship so everything that they did they behind my back bcoz I never had any idea about executorship what I knew is that am a beneficiary in all my father assets and money so they wanted to take everything from me, so please let help to find my father’s original will.

  2. Hi Makhosini, I’m sorry to hear of the predicament you are in, and sadly we see this situation occur fairly frequently. If your sister forged the Will you would have to take them to court and hopefully prove that the signature was not genuine. If you could prove that the Will was invalid, then the courts would determine that your father died without a Will and you would possibly be granted a share of the estate. Your chances if finding the original Will are remote.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s