Wills, estates and contested estates
Author:
Andersons Solicitors
Publish Date: December 2, 2008
A Will is a written document in which a person (called the "testator") specifies how they want their property divided when they die. In a Will, the testator must appoint an executor (the person responsible for carrying out the provisions of the Will) and can appoint guardians for children and specify funeral arrangements.
If you don't have a Will, your property will be divided according to a formula established by the law. For example, if you have a surviving spouse (but not a divorced spouse) and children, your estate will be divided between them in set shares. It may be that the formula established by the law is not the same as how you would like your estate divided and hence you should always have a Will to ensure that a distribution is made in accordance with your wishes.
It is also often more time consuming and costly to distribute the estate of a person who does not have a Will and therefore we recommend that you prepare a Will in any event.
You may be prompted to make a Will, or to change an existing Will, by a significant event in your life, such as the breakdown of a marriage or a defacto relationship, the establishment of a new significant relationship or the birth of a child.
Marriage at law invalidates a Will made before that marriage takes place, and a divorce invalidates a gift to or appointment of the divorced person, necessitating a review of your Will.
You don't have to use a lawyer to make or change a Will, but there are many legal pitfalls in Will drafting. If you don't get it right, your beneficiaries may be left without access to funds while your estate distribution is delayed in expensive legal processes, or your Will may be found to be invalid. In most cases, Andersons can produce a simple Will for less than $300.00, being a small investment in peace of mind for your loved ones.
If you have more complex testamentary wishes or you have a complex estate (for example, involving companies or trusts), our estate planning experts can offer a full range of services to secure your intended outcome in the simplest possible way. As we also undertake a comprehensive practice in commercial and property law, we are able to provide a seamless service when the time comes to administer your estate, offering you additional reassurance that your affairs are in good order.
We regularly assist executors in securing probate and administering estates.
A Will can be contested if it does not represent the deceased's last testamentary intention. This can arise in a range of circumstances, including if there was a later Will or if the deceased revoked the Will, if the deceased didn't have the mental capacity to make the Will or where the Will was made under the undue influence of another person.
A division of property under a Will or, in the absence of a Will the formula established at law, can also be challenged by close relatives under the Inheritance (Family Provision) Act if a relative is not adequately provided for and suffers hardship as a result.
Andersons have successfully represented many clients in contesting a Will. Such a contest often gives rise to an emotionally charged atmosphere. In such circumstances, it is important to have a trusted adviser who can pursue your case in a straightforward manner.
At Andersons, we understand how important it is to our clients to know that after their deaths, their families and loved ones will be cared for. Our Wills and estate planning lawyers are experts offering you the confidence that your testamentary intentions will be carried out to the letter. Please call us on 1800 653 655 to arrange a consultation with one of our expert Wills and estates team.
