Newspaper article Coffs Coast Advocate (Coffs Harbour, Australia)

Why Bother Making a Will? Obtaining Legal Advice Is Advisable

Newspaper article Coffs Coast Advocate (Coffs Harbour, Australia)

Why Bother Making a Will? Obtaining Legal Advice Is Advisable

Article excerpt

HYPOTHETICAL

MANNY WOOD

MANY of my columns detail circumstances whereby a will is successfully challenged and I am often asked: "Why bother making a will?".

Here's why.

Although you can't stop an "eligible person" from making a claim for further provision, proper estate planning that considers the needs of eligible persons and provides them with some provision can prevent a claim.

If an eligible person receives some provision under your will, they

face the risk of being unsuccessful in asking a court to give them more.

If they are unsuccessful, the court can make orders against them to pay the legal costs involved in their unsuccessful application.

Upon obtaining legal advice, it may be that a potential claimant does not wish to take that risk.

If you have made a will, it will appoint an executor.

If a claim is made, it is up to your executor to defend a claim.

You therefore have the ability to appoint an appropriate person to deal with a potential claim. …

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