Battle Over An Inheritance

Where there’s a will, there’s sometimes an angry sibling and a legal challenge

- Susan Hely

Disputing a will was once something mainly rich people did. But these days it is more common across the board. Law firms are openly spruiking services to contest a will with ads, such as “Left Out of a Will?”, popping up regularly. Some legal firms promise if you don’t win, you won’t have to pay legal fees or only pay a fixed fee.

Anna Hacker, national manager, estate planning, at Australian Unity Trustees legal services, says there is certainly more awareness about contesting a will. One reason is the rise in the value of the family home, resulting in a wealthier estate that is worth contesting.

Also, the definition of eligible people who can challenge a will has been expanded in some states. If a deceased person has a blended family, it means that multiple partners, either through marriage or de facto relationships, as well as children, stepchildren and grandchildren could be eligible to claim on the estate. Same-sex partners and also people who were living in a close relationship with the deceased at the time of their death – not related by family but providing domestic support or personal care – can make a claim in some states.