How do I stop one of my relatives contesting my Will?

When we are preparing estate planning documents including preparing a Will, we are often asked whether any of the relatives of the Will maker (called a ‘testator’) can bring a claim against the testator’s Will if they have not been adequately provided for. In Queensland – a family provision claim (“FPA”) is governed by the Succession Act. An FPA can be made where an eligible applicant (spouse including de facto spouse, child including stepchild, or dependant) feels that the Will did not adequately provide for them.

Testators should take care to try and minimise the risk of their Will being subjected to an FPA claim. FPA’s are stressful and emotional, they cause strain on family relationships, delay the administration of the estate for many months and quite often years, and they are expensive for all parties involved (including the estate).

A testator who has prepared a Will and made appropriate provision for their spouse, children or dependants, will hopefully minimise the risks that the estate will be subject to a claim.

Quite often, testators do not wish to make appropriate provision (for example, they may want to reduce one child’s share of the estate) or they may not wish to make any provision at all for that person. Most of the time, there are very clear and logical reasons for a testator making reduced or no provision for one of their family members.

For example, a testator may have been estranged for many years from one of their children, or they may have gifted a child a large sum of money or property during their lifetime – on the understanding that they will receive a reduced entitlement under the Will.

If a testator does not make appropriate provision for an eligible applicant – they should take care to provide clear reasons for doing so as this may assist in responding to any potential FPA claim.

An estate planning solicitor can also provide you with advice, specific to your individual circumstances, about other potential options that may be available to you to protect your estate or specific assets, from being subjected to a family provision claim.

If you would like to review your existing Will, or make a new Will, please contact us to arrange an appointment, or book online at www.charltonslawyers.com.au