If My Will Can Be Challenged, What Is the Point of Having One in the First Place?

Making a Will is an essential part of any estate plan. While it is true that a Will can be challenged this is actually a relatively small percentage. This should not put you off from making a Will. Instead, it is an encouragement to make a better Will, prepared by a specialist lawyer, giving a high probability of successfully carrying out your wishes. It should be remembered too, that if you die without a valid Will, the estate will be distributed according to legislation that may lead to unintended outcomes.

When would a Will be challenged?

Assuming the Will is valid (a specialist lawyer will ensure this is the case) and up to date, the primary reason for a challenge will be under family provision legislation by an “eligible” person. In these cases, the Court determines whether the claimant has been left “without adequate provision” for their maintenance, education and advancement in life. This evaluation starts with consideration of what they have already been left in the Will. If the judgment is that they have been adequately provided for then, no adjustments are called for, and the estate will be distributed according to the Will.

If the Court considers that a claimant has not been appropriately provided for, adjustments will need to be made, including deciding how the additional provision will be met. Once again, the Will is the starting point for this process, but it is likely the majority of the estate will still be distributed according to the Will.

This demonstrates the crucial role a Will plays as the major component in later life planning

Contact our Wills and Estate Planning Lawyers in Sydney, NSW

The specialist lawyers at Szabo & Associates Solicitors can advise on all aspects relating to Wills and estate planning. Please call us on (02) 9158 6333 or fill in the online contact form.