Many people presume that if they have a Will, their Estate is safe and will be distributed according to their wishes. Unfortunately, this is not always the case. Family members that are eligible can bring a claim against a Will if they can prove that they have not been properly provided for in the deceased persons Will. People that can contest a Will include the deceased person’s spouse, children or dependants. Claims often come about because relatives believe that they have not been properly provided for in a Will. If you are planning on preparing a Will, it is important to consider the possibility of your Will being contested and take the necessary steps to prevent this. Here are some tips on how to avoid your Will being contested.
1. Have your Will prepared by an experienced Wills and Estates Lawyer
If you seek advice from an experienced Wills and Estates Lawyer, you can reduce the risk of your Will being contested. Our Lawyers at Cairns Wills and Estate Lawyers can help you to prepare your Will and advise you on how to divide your assets to reduce the risk of problems down the track. Our Lawyers know how to demonstrate that you had the required capacity when preparing your Will. They also know what procedures to follow and records to take to demonstrate that you were not under any unduly influence when you signed your Will.
2. Transfer some assets while you are alive
Another option is to divide your assets before your death. If you do this, you can avoid any disputes over your Will and Estate after you die because there will be no assets in your estate after you die. While this option will prevent family members from disputing your Will, you put yourself at risk of losing all of your assets and being unable to support yourself.
3. Communicate to your family early on how things will be divided and why
When it comes to writing your Will, it is important that you clearly articulate your wishes. To avoid any confusion, explain the reasons behind your Will. It is a good idea to have a family meeting before your death to openly discuss your Will. This is a good time to explain to your family why you have distributed your estate the way you have.
4. Review your Will regularly
It is easy to prepare your Will and then forget about it. Your Will should be reviewed every few years or so. By regularly reviewing your Will, you can reduce the risk of having your Will contested. Regularly reviewing your Will allows you to check that it is still valid and appropriate to your and your families situation.
If you would like more advice on how to prepare your Will contact us at Cairns Wills and Estate Lawyers. Our friendly team of Lawyers can offer legal advice and help you reduce the risk of having your Will contested. Contact us today ph 4052 0700.