[Rain72]

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.

That's shocking, Ricci. I am so sorry that happened to you. My half-sister robbed our mother and threatened her safety, but still managed to successfully challenge the Will despite having no genuine needs and having inherited heaps from her father (while I got nothing from either my father or step-father). The system is so hideously wrong. But I have written to the Attorney General expressing my concerns and all I get back is justifications. The truth is the system is designed to put money in lawyers' pockets. It's all about money for the profession.

 

[Milica]

All round i understand that people need to think clearly about how there wishes will be executed as legally correct as possible - without any loopholes. After all we are talking about a person that has passed - above all else it should be to honour and respect there wishes of there hard earned monies, possessions etc. I find it sad that even in death there can still be ongoing disputes, separation and division between parent and child/children & then there are the families and more. When the parent dies that child/children, regardless of the money factor would have a profound awakening of sorts that they are truly on there own now, if they have been estranged, some seem not too, and are out for the money, possessions etc. The term family is such a profound word with far reaching, deeply rooted connectedness - that money can't buy. The courts need to have an overhaul from what i am reading from peoples replies - it seems they have the final say, when a will is contested, i am not sure how there decisions are based for the final outcome - but people should not just be allowed to walk back in and throw a spanner in the works of a will, that has been dutifully put together, for the many different personal reasons that each and every family has. To disrespect the wishes of a deceased persons will shows lack of insight to me - if a person has capacity to write a will with legal advice, then that needs to be executed with respect. Otherwise, what even in death, there is no peace/

 

[EllieN]

I think it is true that if you leave them just $1.00 each together with a cottersal saying that the will must not be contested, It legally must be adhered to, but as always, get proper legal advice.

Legal advice is always best. This issue is covered under what is known as the Family Provision of the Sucession Act and can differ between States. Unless the Act in Qld has changed, leaving $1.00, or any specific amount makes no difference. Certain cases of people under this Act, still have a right of claim. It doesn’t necessarily mean they will be successful, and these applications to the Supreme Court are costly.
Get Legal advice.

 

[Defiant540]

I think it is true that if you leave them just $1.00 each together with a cottersal saying that the will must not be contested, It legally must be adhered to, but as always, get proper legal advice.

I think you meant "Codicil" yes?

 

[Judith1946]

It disgusts me that my wishes are able to be overturned. How dare anyone presume to make a judgement on how I choose to leave my estate. I have made sure to give my caring daughter access to my affairs and she will be able to take any cash out of my account if I am dying, which hopefully will be apparent as I have stage 4 cancer. If I die suddenly she has in her possession money for my funeral etc. which her not so loving sister cannot touch.

 

[MariaG]

This is such a sensitive area.
My darling mum passed away recently and left all her worldly possessions, except superannuation, to my sister and I who were her only surviving children. We are also the executors.
Out of the blue, I was accused of changing my mother's will whilst she was suffering dementia, 12 months before she passed. It caused a huge rift in the family. The peculiar thing was that the only beneficiaries who received money were the 2 GRANDchildren who were making the noise. My sis and I did not receive anything out of the super fund, and we were OK with that.
It seems that those grand children were having conversations with mum whilst she was suffering dementia and they said she verbalised all kinds of promises to them of which we were not made aware.
What they did not know was that mum had taken herself to the solicitor 8 years before she was diagnosed and formalised her wishes without involving sis and I and dealing wholly and solely with the solicitor on her own. She also included letters giving explanations as to why some grand children received nothing. These were made official by the solicitor.
It's not just children who go for the jugular. People come out of the woodwork if they see the holy $ on the horizon.
I was still grieving my mum's passing and had to deal with what ended up being an organised assault on my behaviour as a daughter that was further exploited by viscous attacks on social media. I was very close to an emotional break-down. It was horrific and I doubt that the hurt and disappointment will ever be repaired.
They threatened legal action, but when they learned how mum had covered everything with the solicitor herself, I guess they decided they didn't want to spend the money on legal advise. They are just hounding me to find out when they will get the money they are to receive. It just goes on and on.
The sad thing is that what you think is a strong family bond can be completely destroyed by all of this. I guess what I felt was lost to me in the way of family, is not really a loss at all. People who care about you don't do things like this.
There is Karma in this for me. Before this happened, I did have my will in place to include certain possessions of mine bequeathed to the very niece who instigated the attack. That has changed, and, I made darn sure that my decision cannot be overturned.
It's a dirty business and should not be allowed to blow out if a person has done everything legal to make sure that their wishes are respected.

 

[HenryZ]

Having recently contested a Will in NSW I offer these comments: (each state is different)
The Will made two distinct directions that at the time of making the Will seemed fair enough and equal between the male and female descendants who had the same mother but different fathers.
Over time the value between the two directions became enormous. One went sky high into 6 figures the other dramatically decreased to 3 figures when originally the two were meant to be even.
The receiver of the big value got greedy and ignored that the Will was meant to be equal in value.
I contested the Will using a Solicitor and Barrister all the way to the Supreme Court. The Court ordered a Mediation Meeting which resulted in accepting my offer of reconciliation to a much more even value.
My legals cost about $30,000. The Court allows the parties involved an amount of $35,000 each for costs that are paid from the estate before allocation. During mediation the Court takes into account the needs of each contestant going into the future based on the original connection to the deceased.
Even if you only get one dollar from a Will you have the onus to prove your ongoing need from the deceased.
I had the ability to pay my legals before Mediation. Do you???
As they say "you need money to make money". My Barrister proved to be worth all the expense.
Just a thought based on experience.
Leave the Law the way it is. It allows for greedy and desperate people provided it gets to the Supreme Court.

 

[Honouryourparent’swishes]

I witnessed my parent honour his father’s will to his determent and he finally inherited in his sixties after looking after his mother since his father passed away. She lived with us until she had to go into care because she was having falls and passed in her mid nineties. All he owned was a car. Then his brother sold him up to get his share. My father worked and didn’t draw the wage he was entitled to because the farm fell on hard times for many years, droughts etc…So he lived below the poverty line with his family most of his life to honour the will. The brother who sold him up went on a world trip and after that he and his wife passed away which I was surprised about. I feel maybe there is a consequence to not honouring your ancestors, just a feeling especially when you make someone homeless just so you can enjoy yourself. Would that pass as greed? You all can be the judge of what is right and what is greed. His father made sure his wife, my father’s mother always had a home and she was a part of our family always, he loved his wife!!! His brother wanted for nothing other than to enjoy the trip of a lifetime….hmmmm!!!

 

[Honouryourparent’swishes]

I witnessed my parent honour his father’s will to his determent and he finally inherited in his sixties after looking after his mother since his father passed away. She lived with us until she had to go into care because she was having falls and passed in her mid nineties. All he owned was a car. Then his brother sold him up to get his share. My father worked and didn’t draw the wage he was entitled to because the farm fell on hard times for many years, droughts etc…So he lived below the poverty line with his family most of his life to honour the will. The brother who sold him up went on a world trip and after that he and his wife passed away which I was surprised about. I feel maybe there is a consequence to not honouring your ancestors, just a feeling especially when you make someone homeless just so you can enjoy yourself. Would that pass as greed? You all can be the judge of what is right and what is greed. His father made sure his wife, my father’s mother always had a home and she was a part of our family always, he loved his wife!!! His brother wanted for nothing other than to enjoy the trip of a lifetime….hmmmm!!!

Ricci…not sad just a warning never to wait to inherit and work towards what you want and bring your mother into your home, do not go and live in hers. She will go to you when she is ready.

 

[Ricci]

Ricci…not sad just a warning never to wait to inherit and work towards what you want and bring your mother into your home, do not go and live in hers. She will go to you when she is ready.

I just thought it was sad that one son did the right (honorable) thing and the other didn't.

 

[Vinylted]

You can do a free Will with the public trustee don’t use post office wills they are easily overturned

But whatever you do NOT nominate the Public Trustee as an executor of your will. They charge like wounded buffalos, and take years to settle your affairs.

 

[Vinylted]

I don't have a problem as I have complete trust in my children who are also the executors of what little I will leave. I have been the executor of three estates over the years, and have never had a problem with the distribution of assets. BUT there have never been large amounts involved, with money comes greed! Advice, as legally as you can dispose of your assets according to your wishes before you pass. You may have to pay a little extra tax.. but... no lawyer's fees for squabbling dependents to pay. If you can't trust any of your kin to look after you after doing this, then I pity your life.

 

[Chook03]

Estranged Children and Contesting Wills: Have Your Say​

It's Sunday which means it's time to have your say!

Today's question was thoughtfully sent in by a member. They've provided this insight to read before the question itself.

'We are encouraged to make a will. The will is supposed to be our intention regarding who receives the proceeds of our Estate, however, did you know that your will and therefore your intention regarding the proceeds of your Estate can be challenged? The challenge can come from your children, even those adults who may have been estranged from you for many years. Also, did you know that the legal challenge can be paid for by your Estate? How do you feel about the possibility of your intentions being disregarded? How would you feel about the money from your Estate being used for this purpose?

So considering this, our question is...
In Australia, children (estranged included) written out of a will can challenge this with the estate. Do you feel this legal loophole is disrespectful to the will writer's wishes and should be corrected?

We strongly encourage comments this week, members, as there is so much to discuss!

We can't wait to hear from you!

 

[Chook03]

Most people think about their wishes regarding their Will and it should never be written in anger or hurt. Sometimes you may not like the behavior of certain people, but the bottom line is that they are family. It’s your Will & your decisions should be respected & it’s no one else’s right to challenge this.

 

[glennm257]

Estranged Children and Contesting Wills: Have Your Say​

It's Sunday which means it's time to have your say!

Today's question was thoughtfully sent in by a member. They've provided this insight to read before the question itself.

'We are encouraged to make a will. The will is supposed to be our intention regarding who receives the proceeds of our Estate, however, did you know that your will and therefore your intention regarding the proceeds of your Estate can be challenged? The challenge can come from your children, even those adults who may have been estranged from you for many years. Also, did you know that the legal challenge can be paid for by your Estate? How do you feel about the possibility of your intentions being disregarded? How would you feel about the money from your Estate being used for this purpose?

So considering this, our question is...
In Australia, children (estranged included) written out of a will can challenge this with the estate. Do you feel this legal loophole is disrespectful to the will writer's wishes and should be corrected?

We strongly encourage comments this week, members, as there is so much to discuss!

We can't wait to hear from you!

when a person writes a will it is what they want not what you want
most of the time those that challenge a will are greedy and being disrespectful
whether you agree or not accept it

 

[Chook03]

I am in the situation where two of my children have not been included in my will. The clause has been legally worded such to show that they are not a pat of my life and have no claim on my estate. I won’t go into the personal aspects of my will but suffice it to say that from a young age one child made a choice to disrespect me immensely, and do many things to hurt me, some of them illegal, and it was a conscious decision to leave him out. The second child decided she no longer wanted me in her life and I was banned from my grandchildren after being prominent in their lives for the first 5 years of the eldest child’s life (and 3 and 1 for the younger). I have two other children who I am very close with, I have spent many happy times with them and their families and we operate as a family. I believe as my other two children have not contributed to my life or the family life in any way for many years and despite attempts on my part to reconcile have been hurtful in their responses, it is my choice to leave whatever I do to the children who have shared their lives with me and who help me out when I need anything or just be there when I need family. I do not act from spite, I simply don’t see them as part of my life any more and therefore not a family member. I feel what I have to leave is to help my loved family members and my eldest two have chosen not to be included in that family. I find it terrible how the death of one can cause people to come out of the woodwork causing grief to loved ones when in the life of the deceased they have been content to remain outside the family.

 

[Chook03]

Understand completely where you are coming from but if you are at peace with your decision, then no one has the right to challenge this. All the best.

 

[Michelle S]

Estranged Children and Contesting Wills: I​

It's Sunday which means it's time to have your say!

Estranged Children and Contesting Wills: Have Your Say​

It's Sunday which means it's time to have your say!

Today's question was thoughtfully sent in by a member. They've provided this insight to read before the question itself.

'We are encouraged to make a will. The will is supposed to be our intention regarding who receives the proceeds of our Estate, however, did you know that your will and therefore your intention regarding the proceeds of your Estate can be challenged? The challenge can come from your children, even those adults who may have been estranged from you for many years. Also, did you know that the legal challenge can be paid for by your Estate? How do you feel about the possibility of your intentions being disregarded? How would you feel about the money from your Estate being used for this purpose?

So considering this, our question is...
In Australia, children (estranged included) written out of a will can challenge this with the estate. Do you feel this legal loophole is disrespectful to the will writer's wishes and should be corrected?

We strongly encourage comments this week, members, as there is so much to discuss!

We can't wait to hear from you!

Wanting to rule over your children after your death is what I find disrespectful/distasteful. Remember you are the one that brought them up. I come from a country where 3/4 of the parents estate is split equally between the children, but you can do whatever you want with the last 1/4. If you dont, it will be split the same way (there are provisions for the other heirs if there are no children, and no the money does not go back to the state).
Not surprisingly the lawyers dont have a chance to make a fortune on the back of the descendants. Always found it sad to hear all too often: they'll fight it between themselves... or you will get nothing from me if you dont do this...etc...and changing their will every 5mn. With some people the solicitor finds him/herself "too busy" to attend those incessant calls. Playing favorites with the first born/last born etc , or trying to get favours out of them when alive with a threat over who will get your estate. The charities, churches etc. who try to get lonely people to bequeath all to them. (an old woman I was looking after was in hospital and got a lot of those "visitors", she had a son who, it was deemed by those people, could look after himself). By the way I have only one child.

 

[Michelle S]

Estranged Children and Contesting Wills: Have Your Say​

It's Sunday which means it's time to have your say!

Today's question was thoughtfully sent in by a member. They've provided this insight to read before the question itself.

'We are encouraged to make a will. The will is supposed to be our intention regarding who receives the proceeds of our Estate, however, did you know that your will and therefore your intention regarding the proceeds of your Estate can be challenged? The challenge can come from your children, even those adults who may have been estranged from you for many years. Also, did you know that the legal challenge can be paid for by your Estate? How do you feel about the possibility of your intentions being disregarded? How would you feel about the money from your Estate being used for this purpose?

So considering this, our question is...
In Australia, children (estranged included) written out of a will can challenge this with the estate. Do you feel this legal loophole is disrespectful to the will writer's wishes and should be corrected?

We strongly encourage comments this week, members, as there is so much to discuss!

We can't wait to hear from you!

Wanting to rule over your children after your death is what I find disrespectful/distasteful. Remember you are the one that brought them up. I come from a country where 3/4 of the parents estate is split equally between the children, but you can do whatever you want with the last 1/4. If you dont, it will be split the same way (there are provisions for the other heirs if there are no children, and no the money does not go back to the state).
Not surprisingly the lawyers dont have a chance to make a fortune on the back of the descendants. Always found it sad to hear all too often: they'll fight it between themselves... or you will get nothing from me if you dont do this...etc...and changing their will every 5mn. With some people the solicitor finds him/herself "too busy" to attend those incessant calls. Playing favorites with the first born/last born etc , or trying to get favours out of them when alive with a threat over who will get your estate. The charities, churches etc. who try to get lonely people to bequeath all to them. (an old woman I was looking after was in hospital and got a lot of those "visitors", she had a son who, it was deemed by those people, could look after himself). By the way I have only one child.

 

[Michelle S]

Wanting to rule over your children after your death is what I find disrespectful/distasteful. Remember you are the one that brought them up. I come from a country where 3/4 of the parents estate is split equally between the children, but you can do whatever you want with the last 1/4. If you dont, it will be split the same way (there are provisions for the other heirs if there are no children, and no the money does not go back to the state).
Not surprisingly the lawyers dont have a chance to make a fortune on the back of the descendants. Always found it sad to hear all too often: they'll fight it between themselves... or you will get nothing from me if you dont do this...etc...and changing their will every 5mn. With some people the solicitor finds him/herself "too busy" to attend those incessant calls. Playing favorites with the first born/last born etc , or trying to get favours out of them when alive with a threat over who will get your estate. The charities, churches etc. who try to get lonely people to bequeath all to them. (an old woman I was looking after was in hospital and got a lot of those "visitors", she had a son who, it was deemed by those people, could look after himself). By the way I have only one child.