Keeping your estate plan up to date is one of the simplest ways to protect your assets and avoid future disputes. At Baron + Associates, we regularly assist clients with reviewing and updating their wills to ensure their wishes are carried out clearly and effectively. Outdated wills can cause significant issues. They may no longer reflect your intentions, exclude family members, or overlook changes to your assets and relationships. They may also be vulnerable to legal challenge if circumstances have shifted since the will was signed. Disputes over wills are also becoming increasingly common, as in NSW eligible people can bring a family provision claim if they believe they have been left without adequate provision.
For example, in the case of Lodin v Lodin (No 2) [2017] NSWSC 10, a former spouse brought a successful family provision claim, as the Plaintiff claimed she made an indirect contribution to the deceased’s estate by raising their child. Supreme Court of NSW accepted that, despite a financial settlement after divorce, there were still grounds for a claim due to ‘changed circumstances.’ This shows the importance of reassessing wills following relationship changes like divorce, remarriage, or estrangements to ensure updated intentions and reduce the risk of challenge.
At Baron + Associates, we take a thorough approach to estate planning. Our team has extensive experience:
- Drafting and updating wills
- Advising on testamentary intentions, tax implications and dispute prevention
- Preparing powers of attorney and enduring powers of attorney
- Preparing statements of wishes and succession plans
- Probate and administration of estates
- Representing parties in estate disputes
If it has been several years since you made your will, or your personal or financial circumstances have changed, we encourage you to review it with the help of baron + associates.