Families are becoming more and more likely to contest the Wills of their loved ones if there is a generous amount given to charities according to a report from the Heart Foundation WA.
Many relatives, children in particular, are more likely to contest a Will on the basis that they have been hard done by if there has been a charitable bequest in the Will.
According to the Heart Foundation executive director, Maurice Swanson, some people had attempted to leave their entire estate to the charity only for the Will to then be contested. Mr Swanson stated that the charity always advised people to adequately provide for their family in their Wills but that many people wished to donate to the charity to repay them for research and services provided. Despite this, a Will with such a bequest is often challenged. Mr Swanson said: “We’ve noticed a greater number of Wills being challenged, where children believe they’ve been inadequately provided for under the Family Provision Act.
“A person might give to a charity over 30 or 40 years, but their single most trusted gift is the gift in their Will, so it is disappointing if that is the subject of a long and protracted legal battle.”
If you believe you have been unfairly omitted or inadequately provided for in a Will, you could be entitled to a legal challenge. Our solicitors are experts in challenging Wills and can provide expert legal guidance and advice. To find out more about contesting a Will take a look at our “Complete Guide to Challenging a Will” or get in touch with George Szabo by calling our team on 9281 5088 or fill out an online enquiry form.
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