Essentially the answer to that question is, no. However, you can make it harder for someone to contest your Will.
Firstly, the best and simplest way to stop anyone contesting your Will is to provide fairly for anyone who has a claim to your estate.
That means your spouse, de facto partner and children should all be provided for, as well as anyone else who may have been dependent on you financially.
You should keep in mind, “what would a reasonable person do”, as this is the test the court will apply during a Family Provision claim.
It’s also best to make careful and comprehensive note of the reason behind each bequest in your Will, so that it’s clear why you have made that specific provision for that particular beneficiary.
Another way to reduce the risk of someone contesting your Will is to reduce the number of contestable assets.
You can ensure major assets such as your home, and bank accounts, are jointly owned by you and your chosen beneficiary. After your death, those assets and accounts will pass directly to the surviving owner.
It’s also possible to create what is called a binding death benefit nomination (BDBN), designating a specific recipient for assets such as life insurance or superannuation payouts. A BDBN is not included as an asset in a deceased estate.
Another strategy is giving gifts to family, friends, or charities during your lifetime. One benefit of this approach is being able to bring joy to your loved ones while you are still around.
There are time limits to contesting a Will in Queensland, however any surviving spouse, child, or even grandchild can contest your Will if they feel hard done by. And if they can prove there’s been an unfair division of assets, that can trigger a redistribution of your estate.
To make your will as iron clad as possible, you need the right legal advice. The Wills and Estates experts at GLG Legal can cover every aspect for you, ensuring your final wishes are adhered to.
Contact our office today on: (07) 3206 8700 or email: info@bimalaw.com.au to make an appointment.
