From 18 to 24 March, Anglicare WA are participating in Free Wills Week, providing free services for West Australians to prepare a will through online Will writing platform, Safewill.
Safewill is supported by its affiliate law firm Safewill Legal, reviewing every Will created through the platform to ensure the document has been properly prepared and to protect each user’s peace of mind.
We caught up with the Principal Solicitor of Safewill Legal, Isabelle Marcarian, to find out more about what’s in a Will, how LGBTIQA+ folks can use a Will to meet our specific needs and why young people should consider making the most of Anglicare WA’s initiative.
“Your Will is basically a document that sets out what you want to happen to all the things you own after you die, and who you want to take administrative control over that process,” Isabelle explains.
“It could be simple, you could just want to give everything in a bucket to one person or a group of people, or you might want to carve things out as specific gifts – jewellery, artwork, car, etc. It’s really just your directions for what you want to happen to your things.”
When there is no Will in place, state law on succession will determine who is entitled to your belongings. Isabelle breaks down what can happen when someone passes away without a Will to lay out their wishes.
“In Australia, we don’t have national law about deceased estates, we essentially have each state controlling their own rules about the formula that will govern your estate when you pass away, but broadly what’s going to happen is – if you don’t have a Will, the law will look at whether you’re legally married or in a de facto relationship, or if you have children.
“Usually if you have one of those two things, or both, it will go in some proportion towards those people. If you don’t, the law asks do you have parents, and do you have siblings?
“Essentially if you don’t have a will, it’s a pre-set formula and you can’t really do much about it. You’re following a legal, step-by-step cascade.”
For many people, a Will may seem like something to consider later in life, perhaps once you’ve started a family of your own, or gathered valuable assets over the years, but Isabelle says it’s never too early to consider getting your affairs in order.
“It’s fair enough if you think you’re a bit too young to have a Will, but from experience I would say… it’s very sad when anyone passes away, but when a young person passes away in particular, it’s very traumatic,” Isabelle says.
“At that time, not having the document in place is something that creates even more stress and confusion to the loved ones who are having to deal with everything.”
As well as protecting our loved ones, Isabelle notes that a lot of younger people may think they don’t have anything worth protecting and highlights some key considerations.
“We all have superannuation, generally, when we start working super gets put aside. A lot of the time, super already has life insurance attached so all of that together can end up being quite sizeable. Another element is personal possessions – you do have assets.”
A Will is not just about assets and material belongings, though, it can also be about who you think should have administrative control of your things and the processes that come with one’s passing.
“That includes who is authorised to organise the funeral. It’s actually the executor of the Will who has the top authority, and if you don’t have a Will there can be this instance where next of kin – it might be parents – are in an argument of ‘who is actually in charge here?’”
“Making a will is your opportunity to say who is in charge of that process.”
Wills can also be used to assist LGBTIQA+ people ensure our needs are met even after death. For many in our community, there may be issues within our families, or we may be in a place where we are not ready to share our full selves with the world. Isabelle explains how a Will can be used to work in the ways we need.
“That would be my strongest case for having a Will. Particularly for people who might not have the greatest relationship with family members, having that will really solidify your views on who you feel is appropriate to take your assets and manage your funeral and affairs.
“It’s actually in not having the Will that all of those family members can be entitled to come forward. Having that document is your binding wish as to who is involved so it can really provide some comfort to say, ‘I don’t want to have Parent A involved, so Parent B is the executor and the beneficiary’, or it might be ‘I don’t want either parent involved in this, so I’m going to make my sibling my beneficiary’ and you can do that with the Will.
“The only caveat I will put on that is when there’s a spouse or children in someone’s life, our law provides default rights to dependents, so a Will is very instructive in that regard but when you hear about things like contesting Wills, it’s often more likely to happen with spouses and children, rather than parents and siblings.”
“The Will can be very strong in making sure that certain types of relatives aren’t involved and it’s usually the parent/sibling combo, rather than the spouse/children combo, that you can protect against.”
Isabelle also explores how a Will could be written to protect and affirm a trans person’s identity, noting some trans and gender diverse folks may not have shared that journey with everyone in their lives.
“There’s no requirement to use pronouns in the Will and there’s no requirement to use gendered language at all. The easiest thing is often to use your name and your legal name where needed, if that’s a concern. It allows for you to reflect your name as you wish,” Isabelle explains.
“You can customise the will as you need. If there is something that you want to put in there, or that you’re uncomfortable about, there is space for that to be taken into account.”
While the Safewill platform provides a simple step-by-step process for users to create their own Wills, Isabelle says legal advice is always on hand.
“If there’s something that you’re trying to do that you can’t do on the platform, there is an opportunity to add legal advice with your Will and have a phone call with a lawyer such as myself. We can add further customisations to the document to suit your personal circumstances and make sure you’re completely comfortable with the process.”
“Everyone’s unique and they might have their own things they need to put in the documents, to make them more comfortable.”
Representatives from Anglicare WA also shared with OUTinPerth why they’re proud to be part of an organisation that supports the Free Wills Week initiative.
Events Coordinator and Co-Chair of Anglicare WA’s Rainbow Network, Jaz Broomfield, says there’s so much we don’t consider when it comes to crafting a Will, and Free Wills Week is a prime opportunity to get the right guidance.
“There’s a lot of things that we don’t even think about when it comes to Wills, such as your online presence and what happens to your passwords and things like that, so I think that’s probably of particular relevance to people who are younger.”
“We don’t just live in a physical world, it’s all virtual as well.”
Jaz also reflects on how a Will can benefit an LGBTQIA+ person who may be struggling with family relationships.
“You see young queer people being deadnamed, and these can be scary things to think about for people who don’t have partners or spouses where there is not a good relationship with someone’s family.”
“We see situations where things are just taken over by people and it’s not an ideal situation… where a program at someone’s own funeral does not even use their real name.
“Naming chosen family in a Will is another way to assert your identity and your actual family that mean something to you.”
Anglicare WA’s Bequest Relationship Manager, Matthew Correia, echoes Isabelle’s sentiment that it’s always a good time to think about your legacy.
“There is no harm in making sure that your wishes are accounted for in your Will, and yes, things might change over time but at least you and your loved ones have that peace of mind that you have that formal Will in place for the future.”
Matthew also shared his personal experience with creating his Will, explaining a feeling of control after finalising the document.
“You feel more in control of your finances, your future and life in general. It gives you that clarity, as well as changes the way you think around death. Instead of it being taboo, you’re thinking about your legacy and that final piece of your journey. It’s actually quite a reflective discussion to have, which you can have at any age.”
Anglicare WA are committed to supporting this initiative to make Wills more accessible and affordable for all Australians.
Matthew also shared their gratitude to the many people who have included the community support organisation in their own Wills,
“Once people have provided for their loved ones, leaving gifts in Will to causes that are close to your heart, like Anglicare WA, makes a huge difference to organisations like ours. Each donation, no matter the size, makes a huge impact.
“Last year, thanks to the help of our gift in Will supporters, services and programs such as Young Hearts, Thread Together, Street Connect, Headspace and Foyer Oxford were able to benefit. That helps enhance that level of care and support we can provide throughout the WA community.
“Leaving a gift in Will is an incredibly powerful way you can make your final mark on the World and shape a lasting legacy.”
For more information or to have a confidential discussion call Matthew Correia on (08) 9374 2409 or email matthew.correia@anglicarewa.org.au
Free Wills Week is running from 18 – 24 March. Head to safewill.com/anglicarewa
Leigh Andrew Hill
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