A common question posed by our clients is: “who can challenge my will if they believe I should have left them something, or I have not left them enough?” While a willmaker has the freedom to distribute their assets as they see fit, this freedom is not absolute. It is crucial to regularly update your will for peace of mind in light of your changing circumstances.
Understanding Family provision Claims
Whilst a willmaker has the freedom to make a will leaving their assets to whomever they like, this freedom is nowhere near absolutely. It is still essential that you always update your will. In our experience, we see that people tend to focus on ensuring they have a will when they go overseas or when they purchase property but it is important for peace of mind to have a will at all times. In New South Wales, the law recognizes that a willmaker has a responsibility to provide for certain individuals who may have a “moral” claim to their estate. This is particularly relevant in the context of family provision claims, especially for those who feel they have been left out of a will. Here’s a summary of who can contest a will based on this legal framework: [...]
