Why Making a Will Matters: Protecting Your Wishes, Family and Estate

Having a valid Will prepared by an experienced Wills & Estates Lawyer is important, even if a Will can be contested - in this article, we discuss why its important, and the benefits of having a Will. 

What is the point of making a Will if someone can still contest it?

No one likes to think about what happens after they die, but preparing a Will is one of the most important steps you can take to protect your loved ones when you’re gone. A clear, valid Will gives you greater control over your wishes, helps reduce stress for family members which helps make a difficult time a little easier on the people you leave behind, and provides certainty about how your Estate should be managed.

Without a Will, your Estate may be distributed under Intestacy Laws according to a fixed formula rather than your personal relationships, priorities or intentions.

The best time to make a Will is before you need one.

It is true that some Wills can be challenged or contested. However, that certainly does not mean a Will is pointless. A properly prepared Will remains a powerful Estate Planning tool because it records your intentions, appoints the people you trust and can reduce the risk of disputes.

A Will Helps Avoid Unwanted Automatic Inheritance

One of the strongest reasons to make a Will is to avoid your Estate automatically passing to people who would inherit under Intestacy Laws. These laws may not reflect your family circumstances, personal relationships or wishes.

If you do not have a Will, a statutory rule determines who inherits your Estate and in what proportions. This can mean your Estate passes to people you would not have chosen, or in shares that do not reflect what you consider fair.

Contesting a Will Does Not Always Mean Success

A common concern is that there is no point making a Will because someone may contest it. In reality, a person making a claim against an Estate is not automatically entitled to succeed. The Court does not simply rewrite a Will because someone is unhappy with it.

When considering a Will dispute, the Court looks at a range of factors, including the financial needs and circumstances of the parties, the size of the Estate and whether adequate provision has already been made. A person may have a moral claim, but if they do not have financial need, their claim may fail.

For example, in a recent Supreme Court case, a Wife who had cared for her Husband and gave up working (and income) for a period of time while her Husband was ill, was left out of the Will. The Husband died leaving the Will to his adult son. Although the Court accepted the Wife had a moral claim, she had significant assets and income of her own, including an unencumbered home and investment properties. The claim was unsuccessful because her financial needs were already being met.

This shows why making a Will still matters. A Will records your wishes and gives the Court an important starting point if a dispute arises.

You Choose the Executor Who Manages Your Estate

A Will allows you to choose who will administer your Estate and carry out your wishes. This person is known as your Executor. Choosing the right Executor is important because they will be responsible for collecting assets, paying debts, communicating with beneficiaries and distributing the Estate according to your Will.

Your Executor should be organised, responsible, trustworthy and able to manage deadlines, financial information and family communication. Poor communication by an Executor can lead to delays, disputes and unnecessary costs.

You Can Appoint a Guardian for Your Children

If you have children under 18, your Will can appoint a Guardian to care for them if you die while they are still minors. This is an important part of planning for your family’s future.

A Will is not only about who receives your assets. It can also help protect your children by recording who you trust to make major decisions and care for them after your death.

You Can Choose a Trustee and When Children Receive Their Inheritance

A Will allows you to choose who will hold and manage your children’s inheritance until they are old enough to receive it. If there is no Will, Intestacy Rules may apply about who is appointed to manage those funds.

You can also decide whether your children should receive their inheritance at 18 years or at an older age. Many parents prefer funds to remain on Trust until a child is more mature and financially capable.

A Will Gives You Control and Certainty

Making a Will is one of the most practical ways to protect your loved ones, reduce uncertainty and make your wishes clear. While no Will can prevent every possible dispute, a carefully prepared Will by an experienced Wills & Estates Lawyer helps guide your family, your Executor and the Court if issues arise.

Wills and Estates Lawyers - Townsville

Our Wills and Estates lawyer Krystal Potrzeba practices exclusively in Succession Law. Krystal Potrzeba is available to assist with all types of Wills, Estate Planning and Estate Administration matters. 

We offer fixed fee prices for Wills and offer first appointments with an experienced Estates Lawyer for $330 to help you plan estate administration when a loved one dies. We also advise on challenging or defending a Will.

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