Why prepare a Will if it can be contested?

Everyone over the age of eighteen (18) should have a Will.

A Will allows you to:

1. Appoint executor/s (person/s who will have control of managing your estate);
2. Make specific gifts;
3. Appoint guardian/s to look after any minor children;
4. Leave instructions for digital assets;
5. Provide for funeral directions.

A Will allows you to have control over who receives your assets after your death. If you die without having a valid Will, the Rules of Intestacy apply in respect to your estate. This means:

1. Your estate may be distributed to beneficiaries you do not want to benefit;
2. Your wishes not being carried out;
3. Stress for loved ones;
4. Additional costs.

Having a Will provides your clear intention of wishes even if there is a possibility of it being challenged and or contested. Challenging a Will is when the validity of the Will is being questioned. Some examples of why a Will may be challenged include due to the deceased lacking capacity, undue influence, fraud and not meeting the formal requirements of a Will.

Contesting a Will usually refers to an application for family provision. This is where someone has not been adequately provided for under a Will and relates to how the deceased’s estate is to be distributed. This might be when someone has been excluded from a Will, or they consider they were not provided with enough under the deceased’s Will. The deceased’s Will is considered by the court when the court considers whether an applicant should be awarded provision from the estate or if they should be awarded further provision from the estate (more than what they are to receive under the deceased’s Will).

Having a Will ensures your wishes are known and carried out and your estate is not distributed according to the Rules of Intestacy. It also allows you to appoint an executor who you think will be the best person to administer your estate.

If your circumstances have recently changed or you would like to schedule an appointment to prepare a Will or update your Will, please contact Sarah Meyer of our office.