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Why make a Will if it can be contested?

Written on the 29 June 2018 by Justine Aubin

Why make a Will if it can be contested?

Because there is a 96% chance it won't be contested or a 4% chance it will.

In 2017, there was 27,287 standard probate applications and 973 family provision filings.

This means that out of the 27,287 standard probate applications, there was 26,314 uncontested wills and 973 contested wills.

As you can see from the above information, only a very small percentage of wills were contested in 2017.

Therefore, yes, you should bother making a will as it much more likely that it won't be contested than it will.

I cannot emphasise enough how important it is to have a will in place, especially if you have children or other dependants.

A will allows you to make it clear how you want your property to be distributed after death.

A will usually also contains provisions that facilitate the administration of the estate, such as appointment of executors and trustees, appointment of guardians, payment of debt and duties, trustee powers and duties, and other machinery clauses.

If you have any questions, or would like to discuss the above further, please do not hesitate to call our office on 1800 994 279 or contact us via email.

Author: Justine Aubin
About: Justine Aubin was admitted as a solicitor in February 2016 and is a member of the Contested Wills and Estates Team. She is committed to helping those in need. She understands that her clients are going through a difficult and emotional time, and will go above and beyond to ensure that her clients achieve a desired outcome.

Adrian Corbould

Adrian Corbould is a Law Society Accredited Specialist in Wills & Estates Law. For more than 15 years he has helped hundreds of clients in contested estate matters. His tenacity and experience make him one of the most sought after Will Contest Lawyers in New South Wales (NSW).

Adrian is an Accredited Specialist within the Contested Wills & Estates Team. In certain circumstances, the team operates on a 'No Win, No Fee' basis. If you'd like to discuss your circumstances with a member of the team, call us and ask for a Free Appraisal.


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