Thousands of people contest wills as house prices soar | The Business | ABC NEWS

A will can offer peace of mind for families before the death of a loved one, but the process can also go horribly wrong. Those who seek to be beneficiaries of a will may need legal assistance. Lawyers like Simone Hargreaves pick up the pieces when estate planning and inheritance comes unstuck. She says the rate of people passing intestate — that is, without a will in place — is now about 60 per cent. And there is a lot of money tied up in these estates, with house prices rising and a boom in the share market. More people are contesting wills to try to get a slice of a deceased relative's estate.

A legally binding will must be signed in front of two independent witnesses. A direction in a will regarding superannuation benefits will likely be ineffective unless the deceased had valid nominations in place with their provider. A binding death benefit nomination helps ensure superannuation goes where it is intended. Generally, a will does not control super unless the benefit is first directed to the estate. Without a valid binding death benefit nomination, the superannuation fund's trustee usually decides who receives it. Estate planning lawyer Rowdy Johnson said having a legally binding will ensured certainty, including for loved ones left behind. She said wills must keep up to date with changes to state-based laws. But lawyers say it's the online — Do It Yourself or DIY will — that's causing the most problems for families. There is legislation in each of the states and territories where a will can be challenged — perhaps because the family member did not, in fact, own the asset they're seeking to pass on in their name. "That can become really, really difficult with second relationships and blended families because the lines of who is entitled become a lot more murky," Ms Johnson said.
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