5 mistakes to avoid when leaving an inheritance
Unlike virtually everything else in life, inheritance mistakes aren’t felt by the person who makes them. It’s those left behind who must deal with the fallout. What will your loved ones ultimately inherit? Estate planning. Wills. Inheritance.
Nobody enjoys talking about these because they reflect our own mortality. Yet they have major ramifications for the loved ones we leave behind. Mistakes can be devastating. Thankfully, though, the most common inheritance mistakes are easily avoided.
Mistake #1: Failing to plan
A simple equation governs legal and money matters: failing to plan = planning to fail. Inheritances left to chance risk your wishes not being carried out. Disagreements between siblings and/or other benefactors become more likely – particularly if you are divorced/separated or have a blended family.
Additionally, the government could wind up the biggest winner, with unclaimed assets seized by the state. The result? Benefits are wasted and relationships damaged – perhaps permanently.
Mistake #2: Set-and-forget
Sadly, I have seen this many times – someone’s ‘set-and-forget’ mindset meant their estate plans were outdated on their death, leaving behind significant question marks. Who inherits assets not covered in the will? What happens to assets left to someone who has already died? Do children born after the plans were drafted inherit at all? If you’ve been separated, outdated plans could see your ex become your primary beneficiary.
Your grieving current partner could be forced to contest in court – and risk losing even more in legal fees – or miss out altogether. The same goes for divorced children and their ex. Treat your will like your garden – it should be tended regularly to be its best and allowed to grow and adapt to suit your changing circumstances.
Mistake #3: When a will won’t do
Wills cover many aspects – dividing money and assets; delegating custodianship of any children under 18 and how they will be provided for; and nominating the executor(s) of your estate. However, contrary to popular belief, a will is not the be all and end all. Separate legal entities and certain financial assets are not covered by a will, including businesses, trusts and similar structures, and – crucially – superannuation. These require you to nominate your beneficiaries within those entities. Property can also be treated outside of a will, as joint tenants have an automatic right of survivorship.
As tenants in common, you can gift your share to someone else, such as children. Remember though, if your partner still lives in the property but someone else inherits your share (especially if the two don’t get along), your partner could be pressured to move or sell – even if they have nowhere else to go.
Mistake #4: Hindering, not helping
While your intention may be to support family, you may inadvertently leave them worse off or see their benefits squandered if inheritances are poorly planned. For example, leaving property to someone who cannot afford the upkeep could be counterproductive. What if it can’t be sold? If they live in it and must sell, where will they go? Can they afford the same location?
With taxes, will Capital Gains Tax be better managed if assets are sold from within your estate or once ownership is transferred? Will dividends/rental income push up their income tax? Will a super death benefit be taxable? Plus, many people don’t realise that under 18s income tax rates are higher than most adult tax rates.
Mistake #5: Failing your partner
Death inflicts enormous and often sudden change onto a surviving spouse or partner, if you have one. If not retired, they may need time off work to grieve and manage affairs. Funeral costs accumulate. Your income stops. Economies of scale (living costs are less per person for couples than for singles) disappear. They may be unable to look after themselves.
Ask yourself:
- Do you have life insurance? Funeral cover?
- Is cash readily available for them to live on while your affairs are settled?
- What provisions are made for meeting mortgage repayments without your income?
- How much superannuation is left for their twilight years?
- Can they operate/sell the business if you’re self-employed?
- Do they need paid-for care?
Inheritance is a complex business and that complexity compounds with the number of assets and beneficiaries. To ensure your wishes are implemented and your legacy is a positive one, I implore you – get good professional advice and make a thorough, up-to-date plan, one which works for both yourself and everyone set to inherit from it.
Helen Baker is a licensed Australian financial adviser and author of the new book, On Your Two Feet: The Essential Guide to Financial Independence for all Women (Ventura Press, $32.99). Helen is among the 1% of financial planners who hold a master's degree in the field. Proceeds from book sales are donated to charities supporting disadvantaged women and children. Find out more at www.onyourowntwofeet.com.au
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