Lame Ducks and Wills or How to Prevent Your Last Will and Testament being Contested

imageYou may think when you write your Last Will and Testament that your wishes will be respected by the courts and the judicial system. Wrong!  Lawyers, judges and barristers are all busily re-writing these last wills and testaments on behalf of what they call the “lame ducks” of society blithely ignoring the wishes of the deceased.

Furthermore, there is no such thing as an untouchable Will.  Don’t comfort yourself that you may have appointed the best intentioned and qualified executors.  Your Will can still be challenged by a brigade of “ambulance chasers” acting on a “no win, no fee” basis for every Lame Duck and dishonest crook out there.

Don’t kid yourself that because you have left equal shares to everyone, including your Lame Duck, that the Last Will and Testament won’t be challenged.  Don’t kid yourself that because you have decades of diaries, letters and other evidence, heaps of relevant precedents and authorities such as no case has ever had before, expert legal and other professional advice, you will have a good case. You may be able to prove that the Lame Duck has been adequately provided for and that their claim falls at the first hurdle, however, absolutely NO ONE is interested in this defence.  We are living in a society that believes in the adage “every child deserves a prize”, no matter how unworthy their claim may be.

Dont think you can fight this in court either.  Unless the estate concerned is worth many millions, legal costs will very quickly eat up the bulk of any estate under $2 million.  This then means one is forced to hold one’s nose, “settle” some agreed extra sum on these Lame Ducks who have gamed the welfare system almost their entire lives while lawyers celebrate and one’s last will and testament actually gets rewritten with a wording which would make any testatrix turn in her grave.

In my experience, through 8 hours of litigation, not once did anyone among this glitterati of the legal profession use the words, “uphold the wishes of the testatrix”!  Nor were they interested in relevant authorities, especially if from an interstate court.  Sorry, one is stuck with the judgements from the system in one’s own bogan state.

Finally, how to defeat such a system?  Well, one of my siblings jointly owned a house with our mother so at death, her share passed automatically to this fortunate sibling.  This cannot be challenged.

So, dear readers and I hope at least one person will benefit from this advice, if you think you are of croaking age make sure you convert your assets to property jointly owned with your chosen beneficiaries, or alternately do try to spend it before you go.

Now, there’s a good idea.

This entry was posted in Ambulance chasers, Family provision applications, Joint tenancies, Wills and testaments and tagged , , , , , , . Bookmark the permalink.

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