Reducing the chance of a will being contested by an ex-spouse

Curtin Radio Interview – Maggie Yarak

Although wills are a powerful part of the law, they can be contested. This is what we’ve learnt from the Brynne Gordon case following the death of her billionaire ex-husband, Geoffrey Edelsten. Gordon was deliberately cut from Edelsten’s will but has begun Supreme court action to receive her slice of his fortune. But will she win?

Under Section 6 of Australia’s Inheritance (Family Provision) Act 1972, only eight classes of people can contest a will. One is your ex-spouse. Even if you change your will post-divorce, your ex-spouse can make a claim if they convince the court you’re required to provide for their maintenance, education, and advancement in life. In a society rife with divorce, how can you reduce the chance of a will being contested after you die? Maggie Yarak, Principal Solicitor of YLP Legal, advises that you change your will after divorce and formally finalise the property and financial settlement in the Family Court, to reduce the likelihood of any claim.

In this podcast, Curtin FM Radio Perth host, Jenny Seaton, interviews Maggie Yarak, Principal Solicitor of YLP Legal to discuss the important topic of ‘reducing the chance of a will being contested by an ex-spouse.’

Stay tuned for future podcasts here.

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