Myth Buster: Estate planning

Thinking about what life might look like for loved ones when you’re no longer around isn’t the easiest task to tackle. Still, it’s something you need to tick off life’s to-do list. Here’s how.

2 September 2024

Myth 1: Estate planning is for wealthy people

Estate planning may conjure an image of an ultra-rich couple working out how to divvy up their sprawling estate, luxury yacht and holiday homes between children and grandchildren. But it’s a myth that organising what will happen to your assets is only an issue for the wealthy, says financial planner Andrew Saikal-Skea. “People often have more assets than they realise. A robust estate plan protects those assets and looks at your overall position and goals while you’re alive and after you pass away.”

Myth 2: I’m too young to worry about a will

When we’re young, life is busy and we prioritise buying a home, paying bills, raising a family and keeping our career on track. But you’re never too young to think about estate planning, says Peter Tanner, manager of advice, enablement and experience at AIA Financial Wellbeing. “Younger people think it’s something to consider down the road. When you’re young, it’s hard to see the consequences of not having a will or power of attorney or binding nominations for your superannuation,” he says. “But anyone over the age of 18 – especially when they start working, open a savings account, start building super and begin to take on debt – needs to put a plan in place.”

Myth 3: Estate planning is just a will

Having a will is important but estate planning can include giving a trusted person the power to manage your finances if you become incapacitated. You can create a medical directorate that authorises someone to decide your medical care if you become seriously ill. “If you wouldn’t want to be resuscitated after a major heart attack or similar event, you can make your wishes known in advance,” says Tanner. For families with dependent children, estate planning spells out who you want to look after your children if you pass away. You can even determine who cares for pets.

Myth 4: My family will be able to sort things out

Not leaving anything to chance brings peace of mind. This includes having life insurance so that if you pass away, there’s money to cover debts and care for your family. “Think about your superannuation and ensure there are binding nominations as to who gets it and how it’s shared,” suggests Tanner.

Consider how your family can access and navigate your accounts and assets: “Often in a couple, one person is more involved in the finances and if they pass away, their spouse has to manage.” Safely record the assets you own and keep a list of passwords and numbers for accounts in a safe place that only your family can access.

Myth 5: If I die, everything will be shared fairly

Beneficiaries and inheritance can lead to fraught relationships. Without a will there’s no guarantee your assets will be shared equally or as you want them to be. “If you pass away without a will and you’re intestate, how your estate is divided varies from state to state,” says Saikal-Skea. “In the ACT, about $200,000 goes to your spouse and everything else is split between your spouse and children.” If you don’t have a spouse, there’s an order of relatives who can inherit, says Jessica Pramana, private wealth director at Commonwealth Private. “Intestacy usually means only family members inherit so a will is vital if you want to leave gifts to friends or charities.”

Myth 6: There’s no way to reduce estate taxes and expenses

Estate planning is an opportunity to think about how to arrange assets so that you meet financial and legal obligations, while saving beneficiaries from unnecessary taxes and penalties. “Leaving assets like art or jewellery to a beneficiary overseas may result in unintended tax consequences,” says Pramana. It’s worth checking whether a testamentary trust – where assets are put in a trust for your beneficiaries – is a good idea. Every person’s situation is different and a financial advisor can suggest relevant options for you.

“People often have more assets than they realise and a robust estate plan protects those assets.”

Good charity

If you’d like to give back, here’s where to start:

  • Decide on the type of bequest, such as a specific amount of money, a percentage of your estate or particular assets
  • Verify that the charity is registered with the Australian Charities and Not-for-profits Commission (ACNC)
  • Discuss with a financial advisor how charitable gifts might impact your estate’s tax situation and overall planning
  • If you’ve recently suffered the loss of a family member or friend, CommBank can help you at this difficult time. Call the Estate Settlement Services team on 1800 686 153 Mon–Fri, 8.30am–6.30pm (Sydney/ Melbourne time) or +61 2 8629 0143 if you’re calling from overseas

Things you should know

An earlier version of this article was published in Brighter magazine

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