The Silent Heir: Leaving Assets to Someone Who Doesn’t Know
While the idea might seem like a heartfelt surprise, it can actually lead to legal delays, emotional stress, and even disputes among family members. We’ll break down why transparency matters, what can go wrong, and how to plan your estate so your wishes are carried out smoothly.
The Silent Heir:
Leaving Assets to Someone Who Doesn’t Know
Imagine finding out you’ve inherited something from someone you cared about—but you had no idea you were even in their will. For some, this sounds like a touching surprise. For others, it can be overwhelming, confusing, or even unwanted.
When you secretly name someone in your will, you might think you’re creating a beautiful gift. But in reality, you could be setting them up for unexpected challenges. From legal delays to tax implications, there are many things people don’t realise about being an unknowing heir.
One common problem is that the person may not be prepared—financially, emotionally, or legally—to receive the asset. If it’s property, they might face rates, maintenance costs, or even disputes with other family members. If it’s money, there could be tax or Centrelink considerations they’ve never dealt with before.
It can also lead to family tension. Other beneficiaries might feel blindsided or even suspicious about your choice, which can open the door to will disputes. That means more time in court, higher legal costs, and a longer wait before your wishes are honoured.
As lawyers, we’ve seen how these situations can spiral into something far more stressful than intended. Estate planning is not just about deciding who gets what—it’s about making sure those decisions are understood and can be carried out without unnecessary friction.
If you want your gift to be truly meaningful, it’s worth having an honest conversation with the person while you’re still around. This allows them to prepare, ask questions, and even decline if they feel it’s not right for them. Better still leave a written document explaining your reasons, and upload it into your Digital Vault so the right people get it.
Leaving assets to someone without telling them might seem romantic or generous, but it often causes more harm than good. Open communication, clear documentation, and proper legal advice can ensure your estate plan works exactly as you intended. If you’re unsure how to start that conversation or structure your will, we’re here to help at HazeLegal.
DISCLAIMER
This commentary is published by HazeLegal for general information only—it’s not legal advice. If you have questions or need advice for your specific situation, we recommend speaking to a lawyer or reaching out to us at http://hazelegal.com.au before making any decisions.
HazeLegal works closely with our sister company, WebWills, to bring you these resources.
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