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For people who don’t have a Will, it's difficult to find the motivation to get started. However, often that initial decision doesn’t come to fruition – and making a Will remains an elusive item on their to-do list.

Having a Will – and keeping it up-to-date – is one of the most important investments you can make for yourself and your family. So what is stopping you from making it happen? Here are the four most common barriers and some suggestions for how to overcome them (don't worry, it’s always simpler than it seems).

Barrier #1: We can’t decide on a guardian for our children

Let’s face it: Thinking – let alone making a decision – about who would raise your children if you weren’t around to is a topic that most of us will avoid. Many couples struggle with this decision and it ultimately stops them from moving forward with their Will.

Maybe you and your partner have different people in mind or maybe the conversation is too emotional to invest in. Either way, it’s crucial you find a way to make a decision – because choosing a guardian, and making it official in your, Will is one of the most important things you can do for your family.

How to overcome:

If you’re struggling to choose someone, it’s helpful to start listing the traits and details that you’d like in an ideal guardian.

Your list should cover things like:

  • The values you would like them to have
  • Where you would like them to live
  • What their financial situation is
  • What age and life stage are they at.

Barrier #2: My partner isn’t on board

So you’re ready to make your Will (you may have even started the process) but there’s a big roadblock in your way: Your partner. If your partner finds every excuse in the book to avoid discussing your Will, it can be very difficult to make any progress.

How to overcome:

How you discuss a Will with your partner will change depending on why . Whether your partner thinks the Will process is too overwhelming, will take too long or doesn’t really want to think about it at all – the most important thing to do is to keep things simple.

Some things that can help you include:

  • breaking the process into small, achievable goals.
  • explaining to your partner that the process can be a lot simpler and quicker than they think.
  • reminding them they don’t have to have all the answers to get started.

Barrier #3: I don’t have the time (or money)

When people are considering making a Will, one of the biggest biggest myths is that it’s too time consuming and too expensive. While meeting with lawers in person can be costly, this is not the only way to make a Will.

How to overcome:

The cheapest, quickest option is to use a DIY Will kit – however we strongly advise against these as they carry a degree of risk. And there is a very high chance mistakes can be made.

The best value for money is to speak with a lawyer from the beginning. This ensures that your wishes are captured correctly and thoroughly the first time. It’s a small investment for peace of mind that your loved ones will be taken care of. 

Barrier #4: I don’t have assets so I don’t think I need one.

Don’t own your home so think you don’t need a Will? Think again, my friend. Many people believe they don’t have the assets required to make a Will necessary. But this is a myth.

Everything you own is an asset: from your car and phone to your pets and clothes. Not to mention your financial assets – particularly those you don’t see every day, such as superannuation, shares and personal savings.

Making a Will allows you formalise how you want to distribute your assets and to name some you trust – know as an executor – to ensure your wishes are followed.

How to overcome:

While you may not own a house or have children, you will likely still have assets that need to be distributed if you die. Grab a pen and paper and start listing out everything you own – think of things you own personally and things you might own with someone else, too.

If you’re not sure what to include, read more about how to create a Will.

Why is it important to prioritise your Will?

Many of the disputes we deal with at Maurice Blackburn result from people not having a Will – or having one that is out-of-date. These situations can put a great deal of emotional stress and pressure on the people left behind.

Prioritising your Will now is a critical investment for yourself and those closest to you. You will feel organised and in control and it will bring peace of mind to your loved ones.

Our experienced Will dispute lawyers are here to help. 

Our team of Will dispute lawyers are here to guide you through every step of challenging a Will. We have a long history of helping people contest a Will and settling Will disputes in Australia. 

It doesn't cost you anything to know where you stand 

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We have lawyers who specialise in a range of legal claims who travel to Australian Capital Territory. If you need a lawyer in Canberra or elsewhere in Australian Capital Territory, please call us on 1800 675 346.

We have lawyers who specialise in a range of legal claims who travel to Tasmania. If you need a lawyer in Hobart, Launceston or elsewhere in Tasmania, please call us on 1800 675 346.