Did you know that the Succession Act 2006 (NSW) allows certain individuals to make a claim for provision or further provision from a person’s estate, even if the deceased person never intended to leave that individual any money or assets? There has been a marked rise of claims being made against the estates of people who have died, and it is important to be aware how to prevent these claims during the creation of your own will and estate planning documents.
Many clients, when meeting with us to discuss their testamentary intentions and after providing advice on the potential of their will being challenged, always ask the question:
“Well then, what is the point in me making a will?”
Our answer is always that there is a point. Making a will is imperative to ensure that your personal assets are distributed to those you love and in the way in which you intend.
To avoid having your Will contested, we recommend a couple of simple steps that will assist that you:
Firstly, make sure you will is properly executed by an esteemed Wills and Estate Lawyer, such as James Kelly. This will help ensure that your will is drafted and executed correctly, and does not leave you open to potential errors that a DIY will can.
Secondly, meet with our esteemed Family Provision Lawyer, such as Christine Vrahas. This will help you ensure that you are able to go that extra step by obtaining specialist advice in preparing a statement explaining the reasons as to why you made your will the way you did. This is a very important statement that a Court will take into consideration in the event that your estate is challenged.
While avoiding this can be difficult, the lawyers at Owen Hodge can put safeguards in your estate planning documents and pre-empt and deal with any potential claims against your estate.
With our years of experience in family provision matters acting for both people who bring a claim and persons who are defending an estate Owen Hodge Lawyers is equipped with the knowledge and experience to assist in ensuring your testamentary intentions are adhered to and significantly reducing the chance of a successful claim being made on your estate.
Should you wish to discuss any of these matters further, please don’t hesitate to contact us on 1800 770 780, and ask to speak with James Kelly or Christine Vrahas.