Szabo & Associates News & Updates

As reported in our first blog about the dispute surrounding the estate of Sir Denzil Mcarthur-Onslow, a battle between siblings and property developers leaves the fate of the balance in dispute. It came to light that Sir Denzil’s children to his second wife, Lady Macarthur-Onslow, were locked in a battle about the future of their late father’s land, and the fortune attached to it. It is now clear that they are not the only ones who want to lay their claim to the estate, as the grandchildren of Sir Denzil, and his first wife Elinor, have entered the discussions, saying they deserve a cut of the money, which they always ‘assumed’ they would receive one day.

The Macarthur-Onslow family are locked in a legal battle to determine with property developers to determine the worth of their late father’s land, and how the proceeds of which will be split between family members. John Macarthur, a key figure in the Rum Rebellions, died in 1984, but after the death of his second wife in 2013, there remains confusion over what he left in his Will, and what she left in hers. His children, Lee and Katrina, have different opinions on where the money should end up, and developers who ‘purchased’ the land for $175million are watching with a keen eye to see whether their 4200 house development west of Sydney will be able to go ahead.

No one would welcome the news that the last Will and testament of a loved one is being challenged. The unfortunate reality for many is that the contesting of Wills is becoming increasingly common, as more people allege that they were due to inherit more or that there is something inherently wrong with how a Will is worded. These disputes can have a damaging impact on family and friends, and this has been shown very recently in the dispute in the UK over the estate of Michael Winner (reported here).

The rise in popularity of DIY Wills is due in large part to the belief that they are ideally suited to avoiding significant legal fees for what appears or be a relatively simple job: the creation of a Will. While there is no doubt that the idea of a DIY or ‘homemade’ Will is attractive – a readily available commercial document that adequately narrates your intentions for your estate when you pass away – the reality is often quite different.

The reality is that when it comes to thinking about Wills and planning for a time when we are no longer around, a significant number of people can (understandably) fall into one of two camps: (i) some can think that thinking about planning for death is morbid and unnecessary, and should only be considered later in life; or (ii) drafting a Will is a simple process that doesn’t demand any great deal of attention or commitment. It is true that many people find the idea of thinking about what is to happen after they die to be unpalatable and would rather delay considering it until it became necessary. Further, a significant number of the population do believe that there isn’t any great challenge in creating a Will.