Szabo & Associates News & Updates

It was recently reported in the Sydney Morning Herald that the family of the late cricket star Richie Benaud are embroiled in legal action over his estate (reported here). Mr Benaud's former wife, Marcia, and their adult son, Gregory, have raised a court action against his second wife, Daphne, over how the estate is to be distributed.

A team of solicitors working for the estate of the deceased billionaire Michael Wright have challenged a decision to award a $25m inheritance to his teenage daughter.

It was recently highlighted in the Sydney Morning Herald, that it is incredibly difficult to design a Will that is completely free of the risk of being challenged. The article highlights the increasing number of people in Australia that are challenging a loved one's Will on the basis of a lack of adequate family provision, claiming that they have not been adequately provided for. Unfortunately many people, owing to the complexity of the law in this area, do not understand the rules concerning mounting a challenge to a Will on the basis of a 'lack of provision'.

Appointing an Enduring Guardian can help prepare you and your family for sudden changes in circumstance. It is helpful for everybody to know who is entitled to make important decisions on your behalf when you are no longer able to make them for yourself. It is also useful for your family to know what you might have wanted in a range of common situations.

A survey conducted in England and Wales suggests that approximately 25 per cent of wills drafted by solicitors in that jurisdiction are of poor quality, thus leaving them open to challenge.