Now in its second year, the annual campaign is led by state and territory public trust services to raise awareness about advance life planning across all ages of life.
This year’s theme is “You have the Will-power”, encouraging people to be the superhero in their own story by making a Will.
Recent research has revealed the majority of those aged 40 to 65 are aware that making a
Will is something everyone should do but believe finding time to get it done is out of reach.
National Wills Week 2024 focuses on the importance of making a Will to prevent problems after death, helping people to:
- plan ahead for their family’s future
- protect their loved ones in case of an unexpected event
- save time and reduce stress for their family
- prevent potential family disputes.
Case study: death of Peter Brock
The sudden death of Australian motor racing legend Peter Brock in 2006 highlighted the importance of having a proper Will. Despite signing a do-it-yourself (DIY) Will kit, the champion did not complete it which led to a costly legal battle over his estate.
Brock was married to Bev for more than 25 years. They had two children together and he also raised Bev’s child from a previous relationship as his own. In 1984, Brock made a Will stating that Bev would reside in the family home with the estate eventually going to the children.
In 2003, Brock – by then in a relationship with Julie – began a DIY Will at Bev’s urging but left it incomplete. In 2006, he attempted another Will but it was never signed.
After his death, the Victorian Supreme Court deemed the 2006 Will invalid due to lack of intent. The 2003 Will was considered valid, revoking the 1984 Will. But the 2003 Will had no directions about Brock’s estate so the court ruled for it to be distributed under intestacy rules (when someone dies without a valid Will).
That meant the estate was divided among his two natural children. His partner Julie contested it under family provision legislation, leading to an out-of-court settlement. Brock’s two children advised the Court they were prepared to include James, who would otherwise have been left out.
Learn more about making a Will with the Public Trustee.
