Avoiding disputes over your will is easier said than done. Your family may not disagree about your will, but there may be other people who feel they have a right to be cared for by you.
In New South Wales, since 2005, the resolution of disputes over wills by the Supreme Court has increased by almost 60%.
This increase is due to the Family Provisions Act, which requires the court to consider the objective intentions of the deceased on the date of death and not the actual intentions of the deceased.
Statistics are the tip of the iceberg. The following statistics show the cases resolved by the court. The majority of matters, about 95% of all claims, are resolved between the parties or through mediation. These are not reflected in the statistics.
Claims often irreparably destroy family relationships.
The increase can be seen to stem from the growth of blended families, with multiple children and grandchildren from second or even third marriages and common-law couples. For example, in a recent Supreme Court case, a 46-year-old man made a $1.1 million claim on his grandfather’s $5.5 million rural property, which had been left to his mother.
Despite not having worked in agriculture since 2001, the court found that he was entitled to some money and ordered that he be paid $107,000 to settle a tax debt.
In the Supreme Court in 2013, a husband sued against the will of his late wife, who had left her $1.3 million estate to their four children from her first marriage.
Family members abused each other in court, arguing over a $10,000 Datsun and the beneficiary suffering from mental illness blamed on “interfamily conflict and sibling bickering.”
The judge wrote in his determination: “The emotions during the cases were understandably raw and painful” and “Hopefully the completion of the trial by sentencing resolves the hostility that has rocked the family since the decedent’s death.”
Have you considered all the possibilities of those who may feel that they have a right to be cared for by you? There are other ways to care for people outside of a will, but with careful consideration when writing your will, your wishes can be honored.
Don’t write a will that leaves your loved ones confused after you’re gone. Planning ahead and periodically reviewing your will is a good practice to avoid brief challenges.