How much is spent challenging wills?
2014 $40 Million (over 200 contests)
2013 $31 Million (over 160 contests)
2012 $26.9 Million (over 200 contests)
2011 $29,000.000 (over 200 contests)
2012 80 will contests2011 44 will contests
Do you think you have the right to leave your wealth to whomever you think deserves it
and no one can challenge your will.
Using Family Provision Act (now the Succession Act NSW) and similar Acts in every state and territory, the judge will likely ignore your Will, and give your savings to whoever they think should have it, with little regard to your wishes, or your reasons for your decisions you have made based on your lifetime of experience.
Don't think I'm exaggerating, will contests like this happens every week of every year, look at the statistics page here.
Have you been affected by the FPA? Contact me at firstname.lastname@example.org and share your story.
If you believe that if you have no dependants you ought to have the right to leave your wealth to who you choose, then you need to help change to the Family Provision Act.
Think this wont happen to your will ?
Read some of these case notes for yourself and see how the court will over rule your wishes.
Think you can avoid a will challenge ? WRONG
Gift assets away before you die - The court can reclaim assets from up to 3 years prior to death (in NSW).
Gift assets away more than 3 years in advance - The court will take this into account when calculating how you should have written you will as a "good and just testator".
Create a trust - The court has the power to re-write trust or take then into account when calculating how you should have written you will as a "good and just testator".
Give reasons in your will - The judge will comment on the fact that you thought carefully and may even commend you for doing such a good job. Then they will change the distribution to what they think is 'proper'.
I don't live in NSW - There are similar laws in all states in Australia.