In Australia, of every 10 Wills that are contested, 7 are overturned. And if it’s a spouse, former spouse or partner who’s contesting it, that rate goes up to a staggering 8 in 10.


Not every Will is contested, of course, but a lot are. If your Will is successfully contested, then your assets won’t go to the people you want them to. Not only that, if the estate is caught up in a court battle, this can chew up a lot of your assets and a lot of time. In some cases there’s almost nothing left to distribute. Probably worst of all is the acrimony and distress it causes among members of your family. Nobody wants that as their legacy. But sadly this is often the case.


What can you do about it and how can you make your Will bulletproof?

While it’s not possible to make your Will completely bulletproof, we can help you get very close. First of all, you get all the interested parties into a room together and explain your intentions and your plans so that everyone understands the lay of the land.

Secondly, you update your Will every few years – or sooner if there’s a change in your family structure – e.g. a child divorces and/or remarries. That way your Will is less vulnerable to claims that you weren’t of sound mind or were under duress when you made your last Will. Of course, family succession planning embraces a lot more than your Will but it’s a logical place to start.

Talk to your adviser

Your adviser can help you ensure your Will and other estate matters are sorted. Please call us to find out more!!!!!!!


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*Source: ’Having the Last Word? Will Making and Contestation in Australia’ report, The University of Queensland, Victoria University and Queensland University of Technology.
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