How To Prevent Your Will From Being Contested

Factors contributing to this surge include Australia’s ageing population - with more people living longer, there has been an increase in age-related illnesses such as dementia and Alzheimer’s.  

CASE STUDY

Antony was in the later stages of his life when Michael, the son of a family friend, began providing support and care for him.

Antony had an existing will that left small legacies to two charities and the rest to his nieces and nephews – but this will was not to be his last.

Michael, having grown close to Antony, engaged a solicitor to prepare a new will for Antony. Michael advised the solicitor that Antony wanted to leave his whole estate to his daughter, stressing that the will needed to be made urgently, as Antony was unwell.

A new will was prepared for Antony based on Michael’s instructions, and signed by Antony in front of the solicitor, while both Michael and Michael’s mother watched on. 

As it happens, Antony didn’t have a daughter. In an insidious attempt to gain benefit from the new will, Michael led the solicitor to believe that his mother was Antony’s daughter – which of course wasn’t the case.

After Antony’s death and years of expensive litigation, the court found that the later will, which stood to benefit Michael and his mother, was made under suspicious circumstances and that Antony did not know and approve of the terms of the new will.

So, how can you prevent this from happening?

• Ensure you seek professional advice from someone with experience in Wills and Estates
• They should advise you on potential claims and advise you on steps to take to prevent this from occurring
• Have your will professionally drafted to ensure your wishes are clear and your loved ones are protected

Seeking advice or would like to arrange to have your will professionally drafted? Get in contact with our friendly team today by phoning 4638 5541.