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Don't use the public trustee. They take a huge chunk of your estate. Find a lawyer who will write a will at low cost. It doesn't have to cost much. Shop around. There are lawyers out there who will do it very cheaply.
No, that's not correct. Even if you leave them a lot, if it's not equal with what you leave others or they think it's unfair, they can contest. And it costs them nothing to mount a contest, even if they lose because they had no valid claim. That's what's wrong with the system.
I believe by making a will you have the right to say how your hard earned belongings are distributed among your family and friends. I don’t believe anyone has the right to question your wishes, they aren’t made lightly.
It is so wrong...it means that a very nasty person does very nasty things...says very nasty things to the owner of th will, yet can benefit from their victim when said victim dies!
And any other benefactors lose because the costs are taken out of the estate!
This is the most ridiculous law I have ever heard of, written by a very unintelligent person/s
It should be repealed ASAP.
I speak from personal experience.
I agree about the Trustees.
A friend of mine who was estranged...(.NOT divorced ,which changes things) from her husband and needed a roof over her head, could not get her house back , or any money etc when he died.
Also, before I retired, I went to meeting for retirees and we were told about the Trustees but also warned about them in a very subtle way!
I have to say I have been in the situation where I contested my mother's will when she passed. I had only one sister who is very selfish and greedy. She knew what my mother had in her will, when I asked to see the will at the time of arranging the funeral, she flatly refused. I knew then and there it was going all in my sister's favor. A person suffering from dementia (which by the way can be deemed as unfit to know the legal rights) or being informed of incorrect information when very old, can easily be swayed to write up a will in favor of the other person controlling them. So yes, I think a will should be able to be contested, there are circumstances that are unforeseen.
If a person can prove why they should contest a will, then I say go for it.
Yes, there are other reasons for not being able to contest a will. If remaining family members have not been in contact for many years or owe money or drug addicts who really would only waste the money on killing themselves. These people should not be allowed to contest a will. As I said there are circumstances in life which are unforeseen, so I think every will has to be revised at the time.
I know I have three children who I treat all the same, I am probably lucky in the sense that I do hear from them and see them on a regular basis, and they are all responsible in their lives. I have left equal shares to them. I love them all probably for different reasons, but I do not want them to fight over a few dollars when I am gone.
If a person can prove why they should contest a will, then I say go for it.
Yes, there are other reasons for not being able to contest a will. If remaining family members have not been in contact for many years or owe money or drug addicts who really would only waste the money on killing themselves. These people should not be allowed to contest a will. As I said there are circumstances in life which are unforeseen, so I think every will has to be revised at the time.
I know I have three children who I treat all the same, I am probably lucky in the sense that I do hear from them and see them on a regular basis, and they are all responsible in their lives. I have left equal shares to them. I love them all probably for different reasons, but I do not want them to fight over a few dollars when I am gone.
It is vital to get good legal advice, especially if you wish to leave legitimate heirs out of your will.
Legal fees and court costs to defend against a challenge can be huge so that everybody loses out. In most cases it will be cheaper to allocate a substantial sum to the undesirable relative, hopefully to avoid any challenges. In one case I am aware of, the legal costs were almost 40% of the estate and the challenge was successful so legitimate heirs received only a small fraction of what they should have got; and that will was written in the presence of a solicitor.
Some people leave relatives out of their will out of some unreasonable and unjustifiable spite which is unfair to the excluded relative and they have every right to challenge. So, no, it is not the exclusive right of each person to decide.
Also, make sure that any substantial gifts or settlements made prior to death are legally documented and described in the will so they are included in the settlement of the estate.
Legal fees and court costs to defend against a challenge can be huge so that everybody loses out. In most cases it will be cheaper to allocate a substantial sum to the undesirable relative, hopefully to avoid any challenges. In one case I am aware of, the legal costs were almost 40% of the estate and the challenge was successful so legitimate heirs received only a small fraction of what they should have got; and that will was written in the presence of a solicitor.
Some people leave relatives out of their will out of some unreasonable and unjustifiable spite which is unfair to the excluded relative and they have every right to challenge. So, no, it is not the exclusive right of each person to decide.
Also, make sure that any substantial gifts or settlements made prior to death are legally documented and described in the will so they are included in the settlement of the estate.
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B
I don't agree that anyone should be able to challenge a will. Even if someone does leave a person out spitefully, it's THEIR money, and they should have the right to do as they please with it. They can treat people spitefully while living. Why should they be denied the right of choice after they die? Nobody has a right to someone else's money and assets, no matter what. What belongs to me belongs to me and me alone and I should be entitled to do with it as I please - even if some people don't like my choices.
I agree that it's reasonable to allow a Will contest if there is reasonable cause to suspect the person making the Will was not mentally competent, or was wrongfully influenced. But there should be strong evidence of that. Just to allow anyone to contest on a no win, no pay basis is wrong.
Why write a will if it can be challenged/ changed? Any will should apply as stated
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B
If the deceased has made the effort to prepare a well written will, what is the point if those left out for good stated reasons can contest it? I couldn't claim on my birth mother's estate because I was adopted. My brother left his whole substantial estate to his church which no-one contested as that was his wish.
All I can say about this is why bother writing a will. The government can change this but why would they when there legal pals are all winning our hard earned money. Scum. My wife and I have her 2 children and I have a son. All 3 of them don't talk to us or bother with anything to do with us. So is it wrong of us to think we should give our will to the grand children instead. So then the government will force us to sell it all up and spend it on those grand kids before we die. Possibly putting us in a terrible position. Be damned if I will leave anything to any family that give us so much grief. So please change those rules. If I want my possessions to go somewhere then that is my choice and should be without question.
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R
I am currently re-writing my will. I don't want anything to go to my daughter as she has had nothing to do with me (her choice) for over six years. She has also kept my 4 grandkids away. I did wonder if she might call when her brother told her of my cancer diagnosis, but no. I accept her conditions so she should respect my wishes too but I know she won't and will contest my will. My solicitor has said to include a stat dec. with my will laying out my reasons and I'm also going to include a hand written letter so that if and when it goes to court the judge can read them and it's like he's talking to me. Hopefully that will help.
My husband and I both had parents who never had an estate to leave anyone, just bits and pieces of furniture, mostly past its use, and personal effects. We have discussed our estate with our two children and our son, who has four children would like us to leave his share to his children. Our daughter who has no children would like us to not leave anything, but to spend it all on ourselves while we are alive. Our daughter and her husband are very financially secure, our son has lived some bad experiences with an ex partner and now finds himself trying to start with almost nothing again. Our daughter is happy for us to leave her nothing or a small inheritance and leave the rest to our son and grandchildren. We know whatever we do they will be ok with, we now just have to decide what to do. We will discuss it with both of them before we make a new will and make sure they are happy with how we wish to leave our estate.
We are constantly admonished to write a Will, that dying without, no-one knows what the deceased wanted. So you go see a lawyer and get a Will written up, spending hundreds of dollars. Then you die and the Will gets contested because someone thinks that it should be different.
So why spend the hundreds of dollars if your wishes mean nothing!
My husband wrote three Wills during our marriage, with a lawyer who knew my husband and his family well, each and every time stating the same. Two out of his nine children were mentioned as not getting anything - his reasoning - you want nothing to do with me while I'm alive, I want nothing to do with you when I'm dead. His Will was very clear and concise and detailed letters accompanied the Will as well as End of Life wishes and Power of Attorney.
My husband died and for 18 months it went back and forth through the lawyers. Our house which had been on the market for two years sold a week after his death and I decided to go through with the sale. The children contacted my lawyer - they must have contacted every lawyer in town to find which lawyer I used! - and put a halt on the sale! The house was in my name only and had been so for many years. But my lawyer let the sale go through but then kept the proceeds for whatever the outcome may be. (The injunction was to go through the day before the finalization of sale!)
What was especially sad was the way all the children - including the two that had been excluded, would say about their father. The lies were astonishing. And also how they degraded him as a man. While he was alive they couldn't praise his father skills and looked up to him. His death hit them really hard. But it didn't take long for them to change. My husband was up front about what was in his Will, and all of them agreed with him verbally - but once he was gone, it changed to the total opposite.
In the end the whole procedure cost me about $100,000. The children got nothing except for a few possessions. I'm still paying off the new house I purchased and will be for many years to come, but which should have been paid off with the old house. But after paying rent for almost two years and not being able to save being on a pension means I am struggling today and am seriously considering selling my current house and living in a caravan.
It is unbelievable that in a country like Australia where everyone thinks we live in a great country that contesting a Will which states a person's wishes can degrade the benefactor to the point where even four years after the death of a beloved spouse life is so very difficult.
So why spend the hundreds of dollars if your wishes mean nothing!
My husband wrote three Wills during our marriage, with a lawyer who knew my husband and his family well, each and every time stating the same. Two out of his nine children were mentioned as not getting anything - his reasoning - you want nothing to do with me while I'm alive, I want nothing to do with you when I'm dead. His Will was very clear and concise and detailed letters accompanied the Will as well as End of Life wishes and Power of Attorney.
My husband died and for 18 months it went back and forth through the lawyers. Our house which had been on the market for two years sold a week after his death and I decided to go through with the sale. The children contacted my lawyer - they must have contacted every lawyer in town to find which lawyer I used! - and put a halt on the sale! The house was in my name only and had been so for many years. But my lawyer let the sale go through but then kept the proceeds for whatever the outcome may be. (The injunction was to go through the day before the finalization of sale!)
What was especially sad was the way all the children - including the two that had been excluded, would say about their father. The lies were astonishing. And also how they degraded him as a man. While he was alive they couldn't praise his father skills and looked up to him. His death hit them really hard. But it didn't take long for them to change. My husband was up front about what was in his Will, and all of them agreed with him verbally - but once he was gone, it changed to the total opposite.
In the end the whole procedure cost me about $100,000. The children got nothing except for a few possessions. I'm still paying off the new house I purchased and will be for many years to come, but which should have been paid off with the old house. But after paying rent for almost two years and not being able to save being on a pension means I am struggling today and am seriously considering selling my current house and living in a caravan.
It is unbelievable that in a country like Australia where everyone thinks we live in a great country that contesting a Will which states a person's wishes can degrade the benefactor to the point where even four years after the death of a beloved spouse life is so very difficult.
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It is an unfortunate and unfair reality in this country that courts can overturn your wishes in your own will. Individuals challenging your will may argue you had an obligation to provide for them and they can make a claim of abandonment or mistake. Make your wishes very clear in the will so there is no room for them to claim that a mistake was made. Alternatively, you can make a minor bequest that has value to demonstrate you did not abandon them or omit them in error but chose to leave them only a small amount.
Writing a letter to accompany the will, setting out in detail why individuals are not to receive bequests provides evidence to any court that your decision was deliberate and considered.
Consulting a solicitor or accountant about making changes to your estate in advance can avoid your wishes being disregarded in the end.
If there is significant real estate to protect from false claimants, you can transfer the property into the names of those you wish to inherit it, with the provision that you remain a “life tenant” until you pass away. Your solicitor arranges a contract that secures the property as your residence for life and includes a token rental, e.g. $100 per year. You remain the tenant until you pass, responsible for the upkeep of the property. After you pass, the real estate is automatically the property of the inheritor(s). Sadly, stamp duty is now payable on this transaction, but that may be better than the losses incurred under a challenge.
Any trust or testamentary trust is not part of your estate and cannot be challenged. If you wish to safeguard specific assets against unwanted claimants, use one of these trusts. Consult a solicitor who specialises in wills and trusts.
Any challenge must be made after probate has been granted but before assets are distributed. Note the varying time limits that apply in different States and Territories.
Even if you have very little property, please set up a will. Those left to finalise your affairs will be helped if there is at least a record of them as the administrator of your estate. There are always residuals to be dealt with, such as household goods, vehicles, leases, etc. The administrator needs to demonstrate they have the authority to close bank accounts, transfer car registrations, cancel Medicare cards, etc. If there is a will, it is much easier for them to deal with all these matters.
Writing a letter to accompany the will, setting out in detail why individuals are not to receive bequests provides evidence to any court that your decision was deliberate and considered.
Consulting a solicitor or accountant about making changes to your estate in advance can avoid your wishes being disregarded in the end.
If there is significant real estate to protect from false claimants, you can transfer the property into the names of those you wish to inherit it, with the provision that you remain a “life tenant” until you pass away. Your solicitor arranges a contract that secures the property as your residence for life and includes a token rental, e.g. $100 per year. You remain the tenant until you pass, responsible for the upkeep of the property. After you pass, the real estate is automatically the property of the inheritor(s). Sadly, stamp duty is now payable on this transaction, but that may be better than the losses incurred under a challenge.
Any trust or testamentary trust is not part of your estate and cannot be challenged. If you wish to safeguard specific assets against unwanted claimants, use one of these trusts. Consult a solicitor who specialises in wills and trusts.
Any challenge must be made after probate has been granted but before assets are distributed. Note the varying time limits that apply in different States and Territories.
Even if you have very little property, please set up a will. Those left to finalise your affairs will be helped if there is at least a record of them as the administrator of your estate. There are always residuals to be dealt with, such as household goods, vehicles, leases, etc. The administrator needs to demonstrate they have the authority to close bank accounts, transfer car registrations, cancel Medicare cards, etc. If there is a will, it is much easier for them to deal with all these matters.
I know this is correct as I had it put into my Will. This is what the Attorney told me. Best to check though. In my Husband's case though he had done nothing wrong but his Mother's estate was left to the eldest Brother, excluding both him and his Sister (who had done so much for her towards the end of her life.) It was very hurtful so I'd say just be very sure of the wording of the Will.
I have asked my dad to please leave some money to his stepdaughter as I know she will contest as she is very money hungry & always plays the victim. My 93 yr old dad cannot understand that she will do this. He has said “I have said what I want to happen & that is what should happen”. I understand him as she caused so many problems. I have already had to battle her when she tried to take control of our mother’s life & bank account. Why do people have to be so greedy
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