Will disputes happen frequently, as family members feel they have been treated unfairly in the distribution of a deceased family member’s estate. There are many reasons why this might occur and there are legal provisions to enable a person to contest the will, if they think they have been unfairly treated. The writing of a last will & testament is the best way to ensure that your estate is distributed as you would wish. Some people mistakenly think that there’s no need to make a will, after all, your partner will deal with everything as you have discussed, but the reality is that if you do not make a will, you are inviting a family quarrel.
Your Estate – Your Choice
Rather than hope that your assets are passed on to the right people, you can actually stipulate, in very exact terms, who gets what. You might want your neighbour to have your extensive tool kit, as a gift for his continued support over the years, or perhaps your best friend secretly dreams of driving your vintage car, and you would like him to be the next owner. Whatever your wishes regarding your estate, you can record this in a legal document that is signed and witnessed, according to law. The person would appoint an executor, a trusted friend who will administer the estate according to the will, in the event of your passing.
It very often happens that a family member feels particularly unhappy about the will and there could be many reasons for this. The family member might have made a promise to the beneficiary, but this is not mentioned in the will, or perhaps a relative feels that with the continued support they gave over the years, they are entitled to a larger share. If a family member feels that the executor is not administrating the estate as instructed, or has been negligent in their duties, they can lodge will contestation claim.
If you live in Australia and are contesting a will in NSW