QLD Does Definite Wording in Will Matter?

[diamantinadave]

I've been advised to be very careful in the wording of my will. For example, that to say "I wish xxx to go to xxx" leaves the will open to contest. I was advised that the wording needs to be more definite, eg, I want xxx to go to xxx, or xxx is to receive xxx. Saying I wish leaves the will more open to contesting.

Is there any truth in this?

 

[Rod]

Yes. Wills do need to be well written. Even then they are still open to challenges.

This area of law is one of my bug bears whereby someone else gets to decide where my money goes when I die. If there are no dependents, the law and judges should strictly enforce the terms of the will.

 

[Sophea]

Why are you concerned that someone will contest your will? And who do you think would have grounds to contest your will?

Just thinking there may be other steps you can take if we have a broader understanding of your situation.

 

[Tim W]

You want a document that will avoid partial intestacy, and
that will be resistant to any family provision claims.
You especially want to avoid confusion caused by errors arising from
using unfamiliar and perhaps needlessly elaborate language.

Consider having your will drawn up by a solicitor.
The solicitor will help you account for all the options and possibilities,
and make sure that the document clearly and expressly
reflects your wishes*

I strongly encourage people to engage a solicitor for their will.
DIY will kits are a false economy, and I take every opportunity to advocate against their use.


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* Lawyer-speak for this is "reflects your testamentary intentions".

 

[diamantinadave]

Why are you concerned that someone will contest your will? And who do you think would have grounds to contest your will?

Just thinking there may be other steps you can take if we have a broader understanding of your situation.

One of my offsprings has become estranged from us, and is married to a control freak, whom we don't want to get his hands on our estate. We would like her share to go to her two children instead. We have two other offsprings.

 

[Louise4007]

Your preference for your grandchildren to be beneficiaries of the will should be unambiguous & clearly stated in the will. Your daughter, however, should you choose to make the grandchildren beneficiaries over her, would have rights to contest the will under the laws of succession if she wishes.

There are certain time limits and other rules she would need to follow for her to do this. Generally, a child of the deceased takes priority over any other beneficiaries of a will, apart from a spouse, but all relevant matters would be considered by executors or maybe by a court if a matter proceeds that far.

It really would be in your best interests to consult a lawyer re the fine details of this matter.

 

[Sophea]

Agreed.