Problems with Will challenges involving small estates

Generally, an eligible person will succeed in a challenge to a Will if they have been left without adequate provision and they can demonstrate some financial need. Provision will not usually be refused except in exceptional circumstances, such as where there are minimal assets in the estate or where there has been disentitling conduct.

With the increasing number of claims against small estates, judges are quickly changing their attitude towards these applications.

In the recent NSW Supreme Court decision of Bull v Booth three adult children brought a claim for further provision against their mother's estate. The mother's Will appointed her second husband as her executor and left all of her estate to him. The major asset was a home valued at approximately $410,000. The estate also had liabilities of $70,000, including legal costs. The husband was unable to work and was living on a disability pension as a result of significant health problems. He did not own any