Contested Wills and inheritance battles

When singer-songwriter George Michael passed away on Christmas day in 2016, his ex-partner, Kenny Goss reportedly made a claim on his estate.

Despite the two not having been in a relationship since 2009 and no provisions made for him in George Michael’s Will, Kenny contested the Will on the grounds that he had been reliant on his ex-partner's money and is considered a dependent. The media widely reported that after a long legal battle, an undisclosed settlement from George’s estate was provided for Kenny.

Inheritance battles such as this seem to have become more common in recent years as relationship dynamics in our society become more complex. In NSW, records from the Supreme Court found show that close to 900 family provisions claims were lodged against estates last year.

This scenario initiates a common question asked by people when they are contemplating writing a Will, “what’s the point if the Will gets contested anyway and my wishes aren’t followed?”

The answer comes down to thoughtful estate planning. Ms Natalie Darcy, Senior Estate Planning Solicitor at NSW Trustee and Guardian emphasises the importance of obtaining professional advice in relation to your estate.

“A professional Will maker or solicitor will take the time to understand your personal circumstances and make you aware of any potential implications in your Will.” Ms Darcy said.

“If you are leaving out certain people who may otherwise have a claim to your estate, you’ll need help documenting your wishes in a way which can be evidenced in court.”

“It is also important that you understand what assets will form part of your estate and what assets may fall outside of your estate. For example, superannuation and life insurance may not be part of your estate and property you own as joint tenants with someone else won’t be part of your estate unless you are the last surviving owner. However, it may still be possible for claims to be made against these assets. The laws relating to this can be complex and it’s important to get professional advice about it.”

NSW Trustee and Guardian has a team of professional Will makers who are accredited in Will making and specialises in drafting Wills in accordance with NSW law. They will be able to advise you about potential claims that could be made in relation to your estate and steps you can take to ensure your reasons for making your Will in your chosen way are clearly documented and able to be considered in the event a claim is made.

Prior to meeting with a professional Will maker, you can follow this six-step process to plan for your appointment:

1. Consider who you wish to appoint as your executor/s (people who carry out the wishes of your Will).
2. Consider who you wish to nominate as your beneficiaries (as part of this you can consider charities, other legacies and provision to ensure pets will be cared for).
3. Prepare a summary of your assets. Don’t forget things like expensive jewellery and digital assets that are worth money.
4. Consider how you will want to split your assets between your beneficiaries.
5. Think about how you will want to protect your beneficiaries, taking into account taxes that they may need to pay and people who may contest their inheritance.
6. Consider a Power of Attorney and Enduring Guardianship document as well to protect your own future financial and health decisions.

A contested Will can become a lengthy and expensive process. That’s why professional advice and a professionally made Will is imperative - it’s the best way to help ensure your wishes are clear and may reduce the chances of your intended beneficiaries going through a long and costly legal battle.

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