{"id":5824,"date":"2017-12-19T14:51:22","date_gmt":"2017-12-19T06:51:22","guid":{"rendered":"https:\/\/www.brooklegal.com.au\/?p=5824"},"modified":"2018-08-14T12:50:02","modified_gmt":"2018-08-14T04:50:02","slug":"case-study-make-will-affairs-order","status":"publish","type":"post","link":"https:\/\/www.brooklegal.com.au\/articles\/case-study-make-will-affairs-order\/","title":{"rendered":"Case Study \u2013 Why You Should Make a Will and Have Your Affairs in Order"},"content":{"rendered":"

Jack <\/strong>and his wife have three young children. They own a house as joint tenants (meaning the property will pass to the survivor) and a dress-making business. Jack and his wife each make a Will leaving everything to each other and then to their children in equal shares. Jack\u2019s wife dies unexpectedly.<\/p>\n

Several years later\u2026<\/em><\/p>\n

Jill<\/strong> owns a dress boutique. Jill meets Jack when buying dresses from Jack\u2019s dress-making business. Jack and Jill start dating and eventually enter into a relationship.<\/p>\n

Jack suggests to Jill that she sells her boutique and works with him in the dress-making business. Subsequently, Jack and Jill move into Jack\u2019s home to raise the children together.<\/p>\n

Each morning, Jack wakes up and says, \u2018Darling Jill, I love you. One day all this will be yours.\u2019<\/p>\n

TIME FREEZE <\/strong>– Is it true that one day all this will be Jill\u2019s?<\/em><\/strong><\/h2>\n

Jack owns the dress-making business and the main residence in his sole name. Jack has a Will leaving everything to his wife (who is now deceased), and on her death to the three children in equal shares. If Jack dies tomorrow, the dress-making business and the main residence will pass in accordance with Jack\u2019s Will to the three children.<\/p>\n

Jill would have to make a claim under the Family Provisions Act in order to receive any benefit from Jack\u2019s Estate.<\/p>\n

\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/u><\/strong><\/p>\n

Jill continues to work in Jack\u2019s dress-making business. Believing that the business will one day be hers if anything happens to Jack. She works very hard and long hours to develop the business for little pay. Jack and Jill build the business together. Jill continues to live in Jack\u2019s home and they share expenses.<\/p>\n

Each morning, Jack wakes up and says, \u2018Darling Jill, I love you. One day all this will be yours\u2019.<\/p>\n

TIME FREEZE<\/strong><\/h2>\n

The dress-making business is still in Jack\u2019s sole name and under his control.<\/p>\n

In accordance with Jack\u2019s Will, the business will continue to pass to his three children. Until Jack takes steps to give Jill a share in the business she will have no direct claim to the business and will remain an employee.<\/p>\n

The main residence remains in Jack\u2019s name. Until Jack takes steps to transfer a share of the family home into Jill\u2019s name, the main residence will transfer to the children in the first instance in accordance with Jack\u2019s Will.<\/p>\n

If Jack dies, Jill would have to make a claim under the Family Provisions Act in order to receive any benefit from Jack\u2019s Estate.<\/p>\n

\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/u><\/strong><\/p>\n

Jack and Jill get married. They continue to live in Jack\u2019s home and work together in the dress-making business, which by now, is three times its original size.<\/p>\n

Each morning, Jack wakes up and says, \u2018Darling Jill, I love you. One day all this will be yours.\u2019<\/p>\n

After several happy and prosperous years of marriage, Jack passes away.<\/p>\n

After the funeral, Jack\u2019s three children inform Jill that Jack had made a Will leaving everything to them and that they now wish to sell the dress-making business as neither of the three children have any interest in developing the business further. They also inform Jill that they wish to sell the main residence as they have no further use for what was previously the family home.<\/p>\n

Jill is confused. She recalls Jack\u2019s words each morning, \u2018Darling Jill, I love you. One day all this will be yours.\u2019 She makes the decision to go and see a lawyer.<\/p>\n

The lawyer explains to her the good news that in WA marriage and divorce makes a Will null and void. In effect, because Jack and Jill got married, Jack\u2019s Will is no longer valid and Jack is deemed to have died intestate (ie. without leaving a Will). Consequently, Jack\u2019s Estate will be distributed in accordance with the rules governing intestacy. The bad news is that under the rules of intestacy, Jill will only receive the first $50,000.00 and one third of the total Estate. The remaining two thirds will pass to the three children.<\/p>\n

Unless Jill has surplus funds to pay out the three children\u2019s share this will mean in reality that the dress-making business and the family home will both need to be sold in order to provide two thirds of their value to Jack\u2019s three children.<\/p>\n

When Jill protests that she has spent the last 20 years working long hours to build the business up at a much-reduced rate of pay because she was told that one day the business would be hers, the lawyer explains that she can make an application to the Court to vary the entitlement but that this will be very expensive.<\/p>\n

\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/u><\/strong><\/p>\n

Conclusion<\/strong><\/h2>\n

We all work hard and want to provide for our families. It is imperative that we take the step to ensure that our affairs are in order if we want to be certain that our estate will pass to our chosen loved ones and not be distributed in accordance with statute law which will predetermine who receives your Estate.<\/p>\n

At Brook Legal we offer free advice relating to Estate Planning<\/a>, binding nominations, superannuation entitlements and Mutual Wills with every Will prepared, and we prepare Enduring Powers of Attorney<\/a> and Enduring Powers of Guardianship where required.<\/p>\n

Call (08) 9287 1855<\/a><\/strong> now to receive assistance in putting your affairs in order.<\/p>\n","protected":false},"excerpt":{"rendered":"

Jack and his wife have three young children. They own a house as joint tenants (meaning the property will pass to the survivor) and a dress-making business. Jack and his wife each make a Will leaving everything to each other and then to their children in equal shares. Jack\u2019s wife dies unexpectedly. Several years later\u2026 Jill owns a dress boutique. Jill meets Jack when buying dresses from Jack\u2019s dress-making business. Jack and Jill start dating and eventually enter into a relationship. Jack suggests to Jill that she sells her boutique and works with him in the dress-making business. Subsequently, Jack and Jill move into Jack\u2019s home to raise the children together. Each morning, Jack wakes up and says, \u2018Darling Jill, […]<\/p>\n","protected":false},"author":27,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[132],"tags":[],"acf":[],"yoast_head":"\nWhy You Should Make a Will | Brook Legal, the Will and Probate Centre<\/title>\n<meta name=\"description\" content=\"Read Brook Legal, the Will and Probate Centre's case study on getting your affairs in order and why you should make a will. Visit our blog today to learn more.\" \/>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.brooklegal.com.au\/articles\/case-study-make-will-affairs-order\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Why You Should Make a Will | Brook Legal, the Will and Probate Centre\" \/>\n<meta property=\"og:description\" content=\"Read Brook Legal, the Will and Probate Centre's case study on getting your affairs in order and why you should make a will. Visit our blog today to learn more.\" \/>\n<meta property=\"og:url\" content=\"https:\/\/www.brooklegal.com.au\/articles\/case-study-make-will-affairs-order\/\" \/>\n<meta property=\"og:site_name\" content=\"The Will and Probate Centre\" \/>\n<meta property=\"article:published_time\" content=\"2017-12-19T06:51:22+00:00\" \/>\n<meta property=\"article:modified_time\" content=\"2018-08-14T04:50:02+00:00\" \/>\n<meta name=\"author\" content=\"Alan Brooke\" \/>\n<meta name=\"twitter:label1\" content=\"Written by\" \/>\n\t<meta name=\"twitter:data1\" content=\"Alan Brooke\" \/>\n\t<meta name=\"twitter:label2\" content=\"Est. reading time\" \/>\n\t<meta name=\"twitter:data2\" content=\"4 minutes\" \/>\n<script type=\"application\/ld+json\" class=\"yoast-schema-graph\">{\"@context\":\"https:\/\/schema.org\",\"@graph\":[{\"@type\":\"WebPage\",\"@id\":\"https:\/\/www.brooklegal.com.au\/articles\/case-study-make-will-affairs-order\/\",\"url\":\"https:\/\/www.brooklegal.com.au\/articles\/case-study-make-will-affairs-order\/\",\"name\":\"Why You Should Make a Will | Brook Legal, the Will and Probate Centre\",\"isPartOf\":{\"@id\":\"https:\/\/www.brooklegal.com.au\/#website\"},\"datePublished\":\"2017-12-19T06:51:22+00:00\",\"dateModified\":\"2018-08-14T04:50:02+00:00\",\"author\":{\"@id\":\"https:\/\/www.brooklegal.com.au\/#\/schema\/person\/f2f428087487943ae0205b7799cf0272\"},\"description\":\"Read Brook Legal, the Will and Probate Centre's case study on getting your affairs in order and why you should make a will. Visit our blog today to learn more.\",\"breadcrumb\":{\"@id\":\"https:\/\/www.brooklegal.com.au\/articles\/case-study-make-will-affairs-order\/#breadcrumb\"},\"inLanguage\":\"en-AU\",\"potentialAction\":[{\"@type\":\"ReadAction\",\"target\":[\"https:\/\/www.brooklegal.com.au\/articles\/case-study-make-will-affairs-order\/\"]}]},{\"@type\":\"BreadcrumbList\",\"@id\":\"https:\/\/www.brooklegal.com.au\/articles\/case-study-make-will-affairs-order\/#breadcrumb\",\"itemListElement\":[{\"@type\":\"ListItem\",\"position\":1,\"name\":\"Home\",\"item\":\"https:\/\/www.brooklegal.com.au\/\"},{\"@type\":\"ListItem\",\"position\":2,\"name\":\"Case Study \u2013 Why You Should Make a Will and Have Your Affairs in Order\"}]},{\"@type\":\"WebSite\",\"@id\":\"https:\/\/www.brooklegal.com.au\/#website\",\"url\":\"https:\/\/www.brooklegal.com.au\/\",\"name\":\"The Will and Probate Centre\",\"description\":\"\",\"potentialAction\":[{\"@type\":\"SearchAction\",\"target\":{\"@type\":\"EntryPoint\",\"urlTemplate\":\"https:\/\/www.brooklegal.com.au\/?s={search_term_string}\"},\"query-input\":\"required name=search_term_string\"}],\"inLanguage\":\"en-AU\"},{\"@type\":\"Person\",\"@id\":\"https:\/\/www.brooklegal.com.au\/#\/schema\/person\/f2f428087487943ae0205b7799cf0272\",\"name\":\"Alan Brooke\",\"url\":\"https:\/\/www.brooklegal.com.au\/author\/reception\/\"}]}<\/script>\n<!-- \/ Yoast SEO plugin. -->","yoast_head_json":{"title":"Why You Should Make a Will | Brook Legal, the Will and Probate Centre","description":"Read Brook Legal, the Will and Probate Centre's case study on getting your affairs in order and why you should make a will. Visit our blog today to learn more.","robots":{"index":"index","follow":"follow","max-snippet":"max-snippet:-1","max-image-preview":"max-image-preview:large","max-video-preview":"max-video-preview:-1"},"canonical":"https:\/\/www.brooklegal.com.au\/articles\/case-study-make-will-affairs-order\/","og_locale":"en_US","og_type":"article","og_title":"Why You Should Make a Will | Brook Legal, the Will and Probate Centre","og_description":"Read Brook Legal, the Will and Probate Centre's case study on getting your affairs in order and why you should make a will. Visit our blog today to learn more.","og_url":"https:\/\/www.brooklegal.com.au\/articles\/case-study-make-will-affairs-order\/","og_site_name":"The Will and Probate Centre","article_published_time":"2017-12-19T06:51:22+00:00","article_modified_time":"2018-08-14T04:50:02+00:00","author":"Alan Brooke","twitter_misc":{"Written by":"Alan Brooke","Est. reading time":"4 minutes"},"schema":{"@context":"https:\/\/schema.org","@graph":[{"@type":"WebPage","@id":"https:\/\/www.brooklegal.com.au\/articles\/case-study-make-will-affairs-order\/","url":"https:\/\/www.brooklegal.com.au\/articles\/case-study-make-will-affairs-order\/","name":"Why You Should Make a Will | Brook Legal, the Will and Probate Centre","isPartOf":{"@id":"https:\/\/www.brooklegal.com.au\/#website"},"datePublished":"2017-12-19T06:51:22+00:00","dateModified":"2018-08-14T04:50:02+00:00","author":{"@id":"https:\/\/www.brooklegal.com.au\/#\/schema\/person\/f2f428087487943ae0205b7799cf0272"},"description":"Read Brook Legal, the Will and Probate Centre's case study on getting your affairs in order and why you should make a will. Visit our blog today to learn more.","breadcrumb":{"@id":"https:\/\/www.brooklegal.com.au\/articles\/case-study-make-will-affairs-order\/#breadcrumb"},"inLanguage":"en-AU","potentialAction":[{"@type":"ReadAction","target":["https:\/\/www.brooklegal.com.au\/articles\/case-study-make-will-affairs-order\/"]}]},{"@type":"BreadcrumbList","@id":"https:\/\/www.brooklegal.com.au\/articles\/case-study-make-will-affairs-order\/#breadcrumb","itemListElement":[{"@type":"ListItem","position":1,"name":"Home","item":"https:\/\/www.brooklegal.com.au\/"},{"@type":"ListItem","position":2,"name":"Case Study \u2013 Why You Should Make a Will and Have Your Affairs in Order"}]},{"@type":"WebSite","@id":"https:\/\/www.brooklegal.com.au\/#website","url":"https:\/\/www.brooklegal.com.au\/","name":"The Will and Probate Centre","description":"","potentialAction":[{"@type":"SearchAction","target":{"@type":"EntryPoint","urlTemplate":"https:\/\/www.brooklegal.com.au\/?s={search_term_string}"},"query-input":"required name=search_term_string"}],"inLanguage":"en-AU"},{"@type":"Person","@id":"https:\/\/www.brooklegal.com.au\/#\/schema\/person\/f2f428087487943ae0205b7799cf0272","name":"Alan Brooke","url":"https:\/\/www.brooklegal.com.au\/author\/reception\/"}]}},"_links":{"self":[{"href":"https:\/\/www.brooklegal.com.au\/wp-json\/wp\/v2\/posts\/5824"}],"collection":[{"href":"https:\/\/www.brooklegal.com.au\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.brooklegal.com.au\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.brooklegal.com.au\/wp-json\/wp\/v2\/users\/27"}],"replies":[{"embeddable":true,"href":"https:\/\/www.brooklegal.com.au\/wp-json\/wp\/v2\/comments?post=5824"}],"version-history":[{"count":0,"href":"https:\/\/www.brooklegal.com.au\/wp-json\/wp\/v2\/posts\/5824\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.brooklegal.com.au\/wp-json\/wp\/v2\/media?parent=5824"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.brooklegal.com.au\/wp-json\/wp\/v2\/categories?post=5824"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.brooklegal.com.au\/wp-json\/wp\/v2\/tags?post=5824"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}