Increasing numbers of Australians are challenging wills in Court with a significant degree of success.
A recent study* of cases relating to challenging wills found that:
• Most wills that are contested are done so under family provision laws;
• Adult children are the most common claimants in will contests, and
• Challenging a will has a high rate of success whether it is through mediation or the courts.
According to our wills and estates lawyers, a will can be contested for a number of reasons.
Can your ex-partner make a financial claim against the assets you divided informally after separation? If your settlement was not finalised in accordance with family law requirements, a second bite of the cherry is possible. And that inheritance or Oz Lotto win received after separation is up for grabs!
It makes sense to plan ahead because the future is unknown. This is particularly important when considering what you want to happen beyond the end of your life.