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%of wills contested

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meg View Drop Down
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Joined: 16/March/2010
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  Quote meg Quote  Post ReplyReply Direct Link To This Post Topic: %of wills contested
    Posted: 16/March/2010 at 11:42
What is the pecentage of wills contested in australia please. What is the Percentage of sons receiving the lions share of a will in comparison to daughters?

fatima View Drop Down
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  Quote fatima Quote  Post ReplyReply Direct Link To This Post Posted: 16/March/2010 at 14:01
Hi Meg, I have wondered about the very same thing myself. So I can only can tell you what happened to me. My younger brother was always my father's favourite. He got 40% in his will. My other brother got 30%. Despite being the dutiful/caring daughter who produced the only grandchildren in our family, in dad's will I had to share my 30% with my children. The solicitor said I had no chance of contesting the will. My brothers didn't have any children. You figure it out!

meg View Drop Down
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  Quote meg Quote  Post ReplyReply Direct Link To This Post Posted: 16/March/2010 at 14:20
Thanks Fatima, Yes my mums bro was certainly the favourite but we didnt realise the extent that the favouritism would go... Other sister has accepted that brother will gift her some money. My mother has had her heart broken.... she just doesnt know what to do... Doesnt want to break the family by contesting but will if brother continues to balk at thirding the inheritance. He may have financial issues but dont believe that the mother would have wished to send such a hurtful message to her daughters... Some more discussions are being held this week.... I am just looking for advice from someone who knows how to handle a situation like this..... It is a tough one as there has been no family squabbles in the past and this is really testing that dynamic.

mrss View Drop Down
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  Quote mrss Quote  Post ReplyReply Direct Link To This Post Posted: 16/March/2010 at 15:17
would like to know the answer to that...

goingbonkers View Drop Down
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  Quote goingbonkers Quote  Post ReplyReply Direct Link To This Post Posted: 16/March/2010 at 17:18
I’ve searched through the ABS and all over the NSW Supreme Court web sites and can’t find and data on anything except criminal cases.   I’ve had to go through each case one by one and pull data.
The judge will likely ignore your Will, and give your savings to whoever they think should have it'http://changefpa.com.au

meg View Drop Down
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  Quote meg Quote  Post ReplyReply Direct Link To This Post Posted: 16/March/2010 at 17:28
I guess u were lucky enough to get 30%.... I have no interest in any of the money i would like my Uncle to choke on it! I am really angry that he is being so selfish and feels he needs to respect the wishes of his mother.. his mother has gone his sisters are still here.... they are not wanting more than their share.....I do not believe his mother would have wanted to hurt her daughters in this way!but she has managed to do it and i am not sure the money will take away the hurt...

MartinO View Drop Down
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  Quote MartinO Quote  Post ReplyReply Direct Link To This Post Posted: 17/March/2010 at 00:47
It would not be possible to come up with a percentage as not all will go for probate so there is no record of the total number of estates that are distributed.

The ABS do have records of the number of deaths, but not all people own assets at the time of their death that are distributed.

The various supreme courts would have a record of the number of wills on which probate is granted, they would also have a record of court actions against wills, but these figures are meaningless as some disputes are settled out of court.
I am NOT a lawyer. Anything said is NOT legal advice.

Please post your legal questions in a forum rather than sending a PM. Thanks.

meg View Drop Down
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  Quote meg Quote  Post ReplyReply Direct Link To This Post Posted: 17/March/2010 at 10:43
thanks Martino appreciate the response....

Clearazmud View Drop Down
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  Quote Clearazmud Quote  Post ReplyReply Direct Link To This Post Posted: 17/March/2010 at 23:20
Your state Department of Statistics may have some sort of figures on this. You are a little off-track though. There is another figure, which is the one that would count me into this.The number of wills contested, but settled out of court for fear of losing the lot to greedy lawyers who think that the service they provide is worth tens of thousands of dollars. In order to short circuit a will contesting, the beneficiaries have to pay out before the matter is actually contested. Lawyers still get a huge fee for writing one or two letters, which makes them very happy. How many people have been "sort of kind of" blackmailed like his, under Family Iheritance Provision Act? How will you leave your wealth to who you want it to go? If there is a set a of figures on all of this, it is my bet, those figures are growing each year.
I am not legally qualified.
Clearazmud

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