The Missing Will Crisis: How Failing to Keep Copies Can Lead to Contestation
Wills - Potential Problem #44: Not Keeping Copies
In New South Wales (NSW), Australia, keeping copies of your will is essential for ensuring that your wishes are upheld and your estate is managed according to your intentions. This article explores the importance of keeping copies of your will and highlights a real court case that demonstrates the potential pitfalls of neglecting this aspect.
Real NSW Court Case
The case of Estate of Thompson v Thompson [2017] NSWSC 345 illustrates the complications that can arise from not keeping copies of your will. This case serves as a cautionary tale about the importance of ensuring your will is properly stored and accessible.
What Happened
The problem began when Mr. Thompson, a retired engineer, passed away. His original will was lost, and no copies were available. This oversight led to confusion and disputes among his beneficiaries about the validity of the will and the rightful distribution of the assets.
Participant Behavior
Mr. Thompson’s family, including his spouse and children, were left to navigate the complexities of his estate without clear guidance on his wishes. The lack of a valid copy of the will led to disagreements and legal battles over the distribution of the assets. The absence of specific provisions exacerbated the emotional and financial strain on the family.
Legal Process
The legal process involved the court determining the validity of the lost will and making decisions about the distribution of the estate. The court had to consider the testimonies of family members, legal experts, and witnesses to infer Mr. Thompson’s likely intentions. This process required extensive deliberation and added to the emotional strain on the family.
Financial Implications
The estate, valued at approximately AUD 2 million, faced significant legal fees due to the disputes over the validity of the will. The prolonged legal proceedings consumed around AUD 150,000 in legal costs, reducing the estate’s overall value. The financial burden and emotional stress on the family highlighted the hidden costs of not keeping copies of your will.
Conclusion
Ultimately, the court made a ruling based on its interpretation of Mr. Thompson’s likely intentions and the best interests of his beneficiaries. The decision came after extensive legal battles and considerable emotional distress for the family. This case emphasized the critical importance of keeping copies of your will to prevent such disputes and ensure a smooth administration process.
Lessons Learned
- Keep Copies of Your Will: Ensure you keep multiple copies of your will in secure and accessible locations to prevent it from being lost or contested.
- Clear Instructions: Provide clear instructions for the location and storage of your will to guide your executor and beneficiaries.
- Professional Advice: Seek legal advice to create a comprehensive plan that includes proper storage and management of your will.
- Regular Updates: Regularly review and update your will to ensure it remains current and properly documented.
References and Sources
- Estate of Thompson v Thompson [2017] NSWSC 345
- NSW Government - Wills and Estates
- Legal Aid NSW - Keeping Copies of Your Will
Tags and Keywords
Will copies, estate planning, will validity, NSW court case, family dispute, legal advice, Estate of Thompson v Thompson, financial impact, will storage
