This is the fourth in our series of articles on the uncertainties of death.
Myth – “I can defeat a challenge to my Will from a family member by making a token gift to them in my Will”.
Wrong!
If a person challenges your Will, they are seeking an amount from your estate for their “proper maintenance and support”.
The outcome of the challenge is largely based on the challenger’s level of need.
A token gift to the challenger won’t extinguish their claim.
As well as their level of need, the Court will consider factors including:
- the size of your estate;
- the nature of the relationship between you and the challenger; and
- the other competing claims on your estate.
There are a number of possible options, far better than a token gift, that can be included in an effective estate plan to potentially prevent or defeat a challenge to your Will.
When preparing your Will, you should obtain advice on the options that best suit your asset and family structure.