You only have to read the newspaper, watch the news or scroll through internet chat forums to see that challenging Wills has become more common nowadays than ever before. Here are the four main reasons why:-
1. No Will
Research reveals that 52% of adult Australians do not have a Will (yes, that’s right, more than half!). Without the guidance of a well-drafted Will, litigation is far more likely.
2. Blended families
Estate litigation is far more prevalent when the deceased person was a parent of a blended family. Often the deceased chooses to provide only for their spouse or their children in their Will, and the other contests given their view that they should have been favoured.
3. Increased financial pressure
Financial stress has always been a motivating factor to challenge a Will. The recent effects of Covid, together with rising inflation and increased costs of living has all added to the pressure. Desperate people do desperate things and ‘free money’ from a deceased estate makes for a good target.
4. DIY Wills
There is a reason lawyers go to law school before they can draft a Will. DIY Wills are dangerous and there are many errors that can be made, but the mistakes made won’t become apparent until the person dies…..when it is too late to fix. As a result, saving a quick buck in legal fees to do a DIY Will can result in astronomical costs in estate litigation once you’ve passed.
McNamara Law can assist you if you have lost a loved one and have unfairly been left out of the Will. We can also assist you in preparing an estate plan to avoid a claim against your Will. Call McNamara Law today if you require assistance on 1300 285 888.
Author: Rebekah Sanfuentes, Principal/Legal Practice Director
Unit 10
88 Limestone St
Ipswich 4305
Queensland
Ph: 07 3816 9555
GE Building,
Level 1, 6 Yoga Way
Springfield Central 4300
Queensland
Ph: 07 3470 3600
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