Estate Planning Lawyers NSW

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.


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