Contesting a Will

Discussion in 'Wills & Estate Planning' started by balwoges, 18th Jun, 2019.

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  1. SatayKing

    SatayKing Well-Known Member

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    Like a number here, I once had to deal with people circling a deceased estate looking (unsuccessfully) if there was anything in it for them and have also seen people snarling like dogs over what is a relatively small amount (to me maybe but not it would seem to them.)

    Nevertheless, with all the gloom, I wonder how many Wills are actually contested and the number which are successful - or settled quietly to avoid fuss and stress.
     
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  2. DoggaPP

    DoggaPP Well-Known Member

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    In our extended family, it has happened (or been attempted) at least 3 times on 2 different estates. The end result (even if partially successful) is the lawyer getting most of it anyway.

    Our little problem is that we have always been the family's unofficial 'bank' and for some of the nieces and nephews, they certainly have been dependent on us during childhood for periods of time. This kindness eventually backfires on us as they threaten to contest wills based on 'dependency' like their parents did with the previous generation.

    Why do we persist? Because out of a flock of little right-royal-blood-sucking-*******s there are always a small handful of the family that appreciate the help and make a real success of their lives - seems to make it worthwhile. (though - this is wearing thin the older I get)
     
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  3. balwoges

    balwoges Well-Known Member

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    Its now 18 years since that court case, my son who had died aged 37yrs from mesothelioma, had left a five year old daughter [he was not married to her mother] his estate, leaving me as Executor and Trustee until she was of age.
    She is now 25 and has her own home and car and is well set up as her father had wished ... :)
     
    Last edited: 20th Apr, 2021
  4. Islay

    Islay Well-Known Member

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    You have done a brilliant job @balwoges for your son. Your loss is heartbreaking and you have represented him well. He will be proud and knew he chose the right person to look after his little girls interests :)
     
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  5. Stoffo

    Stoffo Well-Known Member

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    I do like the idea of Perpetual Wealth, being built over generations to benefit those who contribute (will never be a Rothchild endevour):D.
    This, it only takes one good egg to make it (seem) worthwhile, even the good one's can end up being duped.......:confused:

    I hate the idea of wasting someone's life's work, older generations worked hard, went without and saved everything to their own detriment, all in the hope of providing a better life with more opportunities for their children :cool:
    (I wonder what Gen Y will leave for Gen Alpha, debt ?)

    I've seen some "waste" the life work of their parents, the inheritance paid for a new kitchen, new carpet, new car, new Ducatti and a holiday, all blown within months and not a cent paid off the mortgage :eek:

    Do I care what happens when I am gone, hell yes ;)
    Does it matter what happens when I am gone, hell yes ;)

    I want my partner to be well looked after when I am gone, and I want them to move on and enjoy life without financial worry or having to go without :)
    What I don't want is for someone to be a special part of their life for 6 months only to say I no longer like you, and as we are deemed Defacto I will have Half, thanks :mad:
    Leaving them homeless :(

    Basically the law sucks and you can't truely trust your family, contesting a will makes politicians look like better people than family :oops:
     
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  6. SatayKing

    SatayKing Well-Known Member

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    While it isn't about contesting a Will as such, it does involve a Testamentary Trust created by a Will. Three siblings were the beneficiary and one hated, to put it mildly, the other two so at the first opportunity opted out.

    The remaining siblings were good at what they did and the $750k left, they eventually turned into about $4m. The one who opted out learned about that and tried but failed to get additional money from the Trust.

    That story brought a smile to my face.
     
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  7. balwoges

    balwoges Well-Known Member

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    Consider another scenario ... your partner dies before you .... you later meet someone else and setup house with her ... ? :rolleyes:
    Life is full of surprises ...
     
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  8. Stoffo

    Stoffo Well-Known Member

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    After everything the last 10 years has thrown at me/us.......
    Never ever again, not even for Elle :p
     
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  9. SatayKing

    SatayKing Well-Known Member

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    It's one way of contesting an inheritance I suppose. Not the best way but one way.

     
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  10. PJ1

    PJ1 Well-Known Member

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    I agree 100% with @balwoges worst experience of my life.. ..

    My father died in a car accident a few years ago and his partner put our family through hell at a time when we should have been healing.

    I'll spare the details as there isn't a lot people can do to prevent a challenge to a will.

    I think one thing would have greatly tempered the attack..(and believe me it is an attack).

    Make sure your will is updated when your circumstances change so there can be no question as to the validity of your final wishes.

    Best wishes..
     
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  11. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    There is absolutely nothing you can do to prevent a challenge. It is written into law that certain people can make a family provision claim - spouses, kids, dependents etc.
    But that doesn't mean they would win, just that they could make a claim.
     
  12. larrylarry

    larrylarry Well-Known Member

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    Agree.
     
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