​Preparing for the Future with John Barry returns on Tuesday 6th October 9.30 to 11.30 am in U3A Room 1 after a break in September.

The second session of preparing yourself and your affairs for the future was held on Tuesday 4 August.  Most unusually for U3A events, this second session was even better attended than the first session.
 
John explained that he had to go in September to Melbourne for medical reasons so there will be no session in September.  Instead, he will cram his information into the remaining sessions.
 
In this session, John explained the concepts of mutual wills, so useful for those spouses with blended families.  It avoids the unfairness of a surviving spouse changing their will after the death of their spouse and cutting the spouse’s children from his or her will.  It is important to note that mutual wills are a contract between spouses and bind them not to change the wills.  Mutual wills do not avoid the obligation to provide for your spouse or children. 
 
Then John went on to explain the presumption of law that operates when two people die together.  Provided they did, in fact, die together, the court will rule that the younger person died last.  This is the presumption and can dramatically change the outcomes of how wills operate.
 
Next, John turned to the various types of powers of attorney.  Most of these are set out in the Power of Attorney Act 2014. The Act is designed to tighten up the common law and existing legislation and prevent some of the flagrant abuses that have occurred in the past.  Enduring powers of attorney now require two witnesses, one of whom has to be a medical practitioner or a person authorised to witness affidavits (usually a legal practitioner).  This is designed to ensure that the principal giving the power of attorney is competent to give it.  All powers of attorney cease on the death of the principal.
 
He pointed out that a person’s best friends on powers of attorney are the detailed information, forms and details set out on https://www.publicadvocate.vic.gov.au/ .  For medical powers of attorney or appointments of medical treatment decision maker as they are now called, your best friend is https://www.health.vic.gov.au/advance-care-planning/forms .
 
John then turned to funerals.  The average funeral in Victoria costs $14,000.  His first message was NOT to leave your body to science.  Nobody wants it unless you are young and perfectly healthy when you die.  Your relations will have great difficulty giving effect to your wishes.  Also, it does not necessarily mean that you will not need a funeral.  After they have finished using your body, the medical authorities often ring up and say – come and collect the body. 
 
A better solution is a direct cremation.  If your relatives arrange it directly with a crematorium, they will need a death certificate.  The cremation does not go through a funeral director and will cost around $800.  You can also arrange it through a funeral director.  It will then cost between $2,500 and $3,000.  A direct cremation means no funeral service and no mourners.  Your body is picked by the crematorium or funeral director, taken to the crematorium and your ashes are returned in a cardboard box.
 
If they choose cremation, John begged his audience to have a plaque setting out at least their name, date of birth and death set up in a cemetery near where they lived.  It is inexpensive and enables later family historians and the curious in your family to find a resting place for you.
 
Preparing for the Future with John Barry – Next session: Tuesday 6th October 9.30 to 11.30 am in U3A Room 1

The first session of preparing yourself and your affairs for the future was held on Tuesday 7 July.  It was well attended with twenty-four attendees.  John dealt with wills in this session.  Why have one?  How do I get one?  How long does it last?  For whom do I have to provide? He dealt with each topic.
 
John explained the implications of a person dying with no will.  You have no control where your assets go and to whom.  He also explained that the Courts usually insist on requiring an insurance bond from the person administering the estate of a person without a will.
 
John gave ranges of pricing to have a will drawn up by a lawyer, a trustee company, online or using a will kit obtained from a newsagent.  He explained the advantages and disadvantages of each.
 
He then went on to explain how you choose an executor and why your will should contain a second executor who will be appointed if your first executor cannot act or refuses to act.
 
Finally, he set out how you must provide for various types of children, biological, adopted, stepchildren, children from a first marriage.  He also showed how you might sidestep this requirement. 
 
Finally, he accidentally ended the session half an hour early.   So next time, before he deals with powers of attorney, he will deal with the topic of mutual wills, so important to protect children of your first marriage, should you die first, as well as the presumptions used in law to determine who died first if two spouses die together.
 
Preparing for the Future with John Barry – Next session:  Tuesday 4 August 9.30 to 11.30 U3A Room 1