Contesting a Will

If you are the Administrator of a contested Will or the Plaintiff in contesting a will be prepared for one of the worst/nastiest experiences of your life. Every aspect of your relationship with the deceased will be under the microscope and you will need documentation of records going back years to prove your case.

You will experience lying, documents signed under duress and perhaps a solicitor who is not prepared to help with documentation and a legal system that uses duress for a settlement.

What you will also lose is your faith in humanity, I was naive, shocked and sickened by the lies and actions of others – I had never experienced that before and the feeling remains with me to this day.

 

People and "free" money. A bad combination sometimes.

Only valid solution is to die either broke or in debt.

Sorry both of you had to go through that crap.

 

@balwoges Sounds like you have a horrible experience. People tend to be at their worse when money is involved. Take care.

 

I'm sorry you had to go through this. I recently went through the wringer, even before Mum passed, with a family member helping themselves to her funds....then threatening to contest the will when she eventually did pass. Due to their meddling, Mum was left almost penniless for her last year....and nothing really left to warrant the threatened contesting of the will.

It does leave a bitter taste in the mouth, that doesn't seem to want to leave.

 

Sorry to hear that but that is the reality. The family provision list in the Supreme Court is very busy and that's reflective of what's happening to many deceased's estate.

Have you gone to mediation?

 

This was my experience some years ago. There is a lot posted on this forum about Wills & Estate Planning and I think others should know what happens when disputing a will.

BTW read 'duress' for 'mediation' ...

 

Been there, done that. Grandfather was taking his final breathes when the paid carer started asking what she would get and claiming to be a de facto. They had like 3 affidavits which just asserted she was a de facto with no other information and we had like 23 against her claim. Advice was to settle at mediation even though we had a solid case just in case we got a bleeding heart judge and because of the size of the estate. Cost us more than it should have because her solicitors didn't specialise in estate law and know the range she would be eligible for. But I am a firm believer in karma after the events that transpired - she bought a house with her "winnings" and her druggie son burnt it down in the process of a drug-fuelled suicide. I do not believe she had insurance as the site remained uncleared and dangerous for some time. Her gains literally went up in smoke and perhaps she learned how to behave during a family's grieving process as a result of her own experience.

 

I'm not sure I'd ever contest a will, to be honest. No one has a "right" to any part of an inheritance, in my opinion.

 

I find it a mindset thing. People who have already put in the hard yards to better themselves are unlikely to contest unless they think there is a wrong doing such as elder abuse etc. People who play the victim or heard they might be getting something then aren't due to a changing of the will or something are more likely to contest.

 

I would never contest a will.

but I would fight someone else constesting.

 

A couple came across my desk.

 

I'm much the same, and as @Terry_w said I'd fight someone who did contest a will

I'm at the age now where I have far fewer Christmas's ahead than I have enjoyed

So am considering how I really should be trying to better structure things for "when my time comes"

When I met my partner (defacto) I was well off (no kids) and they were broke (4 kids), unfortunately the world was against us having one of our own.
I've done my best to be supportive including raising a grandaughter and that custody battle.

I would like to know that there is some safe form of asset protection in place to support my partner after I pass (assets still in my name only), not only for protection from their kids but any future partner
Then when my partners time comes that the remaining assets/wealth can then be dispersed as each of us had originally intended (5% to each child & each grandchild, with the balance going to the Salvo's maybe....)


I am amazed how many people I know who seem to expect and have an entitlement mindset regarding inheritance
Once you move out of the family home and start making your own way in this world your parents would/should have done their best, now it is up to you to make your future, not to sponge off them and wait for "your money" !!!!

Contesting seem's to be totally disrespectful to the deceased wishes as to what they determined to be done with the assets built up and saved over a lifetime

It shouldn't be this hard

 

Your partner is what is called an éligible person' to be the beneficiary of your will. Unfortunately you cant control from the grave what happens after ...

 

So sorry you had to deal with this.
My mothers sisters contested my Grandmothers will, and it wasn't pleasant. when the will was made everything was equal but 20 years later when she died it wasn't, a good reason to split everything equally between siblings. Eventually it was sorted but caused a lot of ill feeling

 

You can plan ahead though so that the estate had nothing or none of the assets that you can to protect. Under NSW these could still be attacked in some circumstances with notional estate orders, but you can plan around this too.

 

Best not to contest a will at all - no winners.

There was some greed in the division estate of my late parent from an ‘ in law’ and the greed was rewarded financially.

Remainder of family had no inclination to fight, despite a considerable theft.

So ppl had to come to terms with it rather than be damaged by it. Least worst option?

 

All our wealth will be sitting outside of a will inside Investment Bonds when we pass. It will go to exactly who we want it to and will not be part of the estate (which will be only the PPOR). The estate planning capability of Investment bonds is the tightest structure we could find (despite IB's other small inefficiencies).
Even now, 30 year before our expected demise, we have extended family members and their children circling like vultures to snatch away what is rightly the inheritance of our 5 hardworking daughters. Each will get the same amount in there own investment bond.

 

I think it need to be done while alive and as early as possible. I've been saying this for years.
Give it to them or get them involved with partnesrhips.
I've seen many "transitions" and thi s work best by far.

Times have changed, if they blow it, then let them do it early. If the wife will take it, they'll do it anyway.
People insist with this "hold forever" mentality as if they will live forever and the heirs are all perfect.

 

Even then, crappy people can still be crap. Its amazing how some people will fight even over stuff that has no value and not even sentiment, just because they feel entitled, and cannot handle anyone else getting anything. Was unfortunate enough to witness this firsthand with in-laws.
It certainly causes concern for future issues where money may actually be involved.