Episode 6 Personal effects

The Wills and Estates Transmission

Resolving Disputes Over Personal Effects

• Tony Skinner asks about resolving disputes over personal effects like family photos.

• Kate explains that courts generally don't decide who gets physical or digital photos; mediation is preferable.

• Mediation allows parties to agree on such matters, avoiding court and associated costs.

Importance of Mediation and Avoiding Litigation

• Tony emphasizes the importance of avoiding litigation and seeking agreements.

• Kate reiterates that mediation is compulsory before going to court.

• Disputes over personal effects can be resolved through mediation, which courts won't decide.

• Agreements in mediation can help grieving families focus on other matters.

Including Personal Effects in the Will

• Tony asks how personal effects are covered in a will and how to limit disputes.

• Kate highlights the emotional impact of disputes over personal effects.

• Consulting a specialist estate planning lawyer is crucial to document wishes properly.

• Listing every item in a will is not always the best approach; trusting someone to distribute items fairly can raise issues.

Defining Personal Effects in the Will

• Kate discusses the definition of personal effects in New South Wales law.

• The definition varies based on whether a will is left or not.

• Personal effects can include intangible property unless used for business or specific items like gold bullion.

• The definition should fit the individual's circumstances and wishes.

Handling Unlisted Personal Effects

• Tony asks about handling items not listed in the will, like a boat.

• Kate explains that it depends on how the will is drafted.

• A well-drafted will should cover various items to avoid frequent updates.

• Specific updates may be needed if the will doesn't address certain items, like a boat.

Considerations for Blended Families

• Kate emphasizes considering blended family scenarios in estate planning.

• Distributing personal effects to children might leave the widow with nothing.

• Scenarios should be considered where assets might change between writing and executing the will.

• An experienced estate planning lawyer can ask the right questions and document wishes properly.

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