PHOTO: ABC NEWS
Australia is facing a legal battleground as skyrocketing property values and share market gains fuel bitter disputes over wills, estates, and family inheritances.
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A Growing Crisis in Estate Planning
A will is supposed to provide peace of mind and clarity for families after the death of a loved one. Instead, lawyers are warning that outdated, invalid, or poorly written wills are tearing families apart.
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60% of Australians now die without a valid will (intestate).
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Rising house prices and a booming share market mean billions of dollars are at stake.
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Families are increasingly heading to court to contest inheritances.
According to estate planning lawyers, this surge in disputes is leaving heartache and financial ruin in its wake.
DIY Wills Causing Havoc
While online “Do It Yourself” wills are marketed as quick and easy, experts say they’re often at the heart of messy inheritance battles.
Lawyer Rowdy Johnson warns:
“DIY wills are causing the most problems for families. With blended families and second relationships, the lines of entitlement become murky very quickly.”
Why Superannuation Makes It Worse
Another major flashpoint is superannuation. Many people assume their will covers it—but in most cases, it doesn’t.
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Unless a binding death benefit nomination is in place, the super fund’s trustee usually decides who receives the payout.
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Even when a will references superannuation, it’s often ineffective without the correct legal nomination.
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This leaves families shocked and battling for what they thought was rightfully theirs.
Lawyers Warn: Keep Wills Updated
Experts stress that a legally binding will—signed in front of two independent witnesses—remains the best protection for families.
But wills must also be kept up to date, especially with changes to state-based inheritance laws. Without this, even the strongest estate plan can be challenged in court, leading to delays, costs, and family breakdowns.
What Families Need to Do Now
To avoid inheritance disputes and costly legal battles, lawyers advise:
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Have a legally binding will prepared by a professional.
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Update your will regularly, especially after marriage, divorce, or property purchases.
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Put a binding death benefit nomination in place for superannuation.
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Avoid DIY wills unless reviewed by a legal expert.
🔑 Key Takeaway
As property values skyrocket, wills are no longer just a formality—they’re a battleground. Without proper planning, grieving families risk being torn apart in bitter disputes over who gets what.