A will is intended to provide certainty after death. It sets out who should administer an estate and who should receive the deceased person’s assets. In practice, however, wills can become the source of serious family conflict, particularly where expectations differ, relationships are strained, or the document was prepared in unclear circumstances.
In Victoria, will disputes commonly arise after the death of a parent, spouse, partner or close family member. Sometimes the issue is whether the will is valid. In other cases, the will may be valid, but a person argues that they have not received adequate provision from the estate. Understanding the common causes of disputes can help families reduce the risk of conflict before it occurs.
For people facing uncertainty about an estate, early advice about contested wills and Part IV claims can help clarify the legal issues and the practical steps that should be taken.
Questions about capacity and influence
One of the most common reasons a will is challenged is concern about whether the will-maker had testamentary capacity. A person making a will must understand the nature and effect of the document, the general extent of their property, and the claims of people who might expect to benefit from the estate.
Capacity questions often arise where the will was made late in life, after a diagnosis of dementia or cognitive decline, during serious illness, or shortly before death. A will may also be questioned if it significantly changes earlier arrangements without clear explanation.
Undue influence is another issue. This may be alleged where one person appears to have pressured, isolated or controlled the will-maker. These claims can be difficult because influence often occurs privately. That is why independent advice, careful file notes and medical evidence can become important if a will is later disputed.
Excluding a family member can create conflict
A person is generally free to decide who should receive their estate. However, excluding a spouse, domestic partner, child or other eligible person may increase the risk of a claim. In Victoria, a person who believes they have not been properly provided for may be able to bring a family provision claim, depending on their relationship with the deceased and their circumstances.
A dispute does not automatically mean the will is invalid. A family provision claim usually accepts the will exists but argues that the distribution is inadequate. The court then considers factors such as the claimant’s financial position, relationship with the deceased, competing claims on the estate and the size of the estate.
These matters are often emotionally difficult. Family members may see the dispute as a moral issue, while the legal process focuses on evidence, eligibility and proper provision.
Executor conduct can also cause disputes
Even where the will itself is not challenged, conflict can arise because beneficiaries are unhappy with the executor. Complaints may involve delay, poor communication, lack of transparency, failure to account, sale of assets, or perceived favouritism.
Executors have important duties. They must identify assets and liabilities, protect estate property, obtain probate where required, pay debts and expenses, and distribute the estate according to the will. Advice about probate and deceased estate services can assist executors who are unsure how to manage the administration process.
An executor should keep careful records and communicate sensibly with beneficiaries. Silence or delay can cause suspicion, even where nothing improper has occurred.
Good estate planning reduces risk
Many disputes can be reduced through proper planning. A clear, current and professionally prepared will is far less likely to create confusion than an old document prepared without advice. It is also important to review a will after major life changes such as separation, divorce, remarriage, the birth of children, the purchase or sale of property, business changes, or the death of an executor or beneficiary.
Advice about wills and estate planning can help ensure the document reflects current wishes and deals properly with family, financial and personal circumstances.
The best time to prevent an estate dispute is before death, while the will-maker can still explain decisions and make careful arrangements. Once a person has died, the family is left to interpret the documents and evidence available. Clear planning, independent advice and good records can make a significant difference.