In the Supreme Court case of Youn v Frank (16 December 2011) the deceased died at the age of 73 without a Will. The Associate Judge remarked that “this deterioration in the value of the estate over a period of a mere 8 months stands as a stark reminder of the perils of litigation”.
A Will allows you to appoint a suitable executor to administer your estate. A Will also allows you to distribute your assets the way you wish, rather than relying on a predetermined legal formula not tailored to suit those you intend to benefit.
In the recent Supreme Court case of Hyatt v Anor v Cavalea, the deceased left his entire estate to his friend/carer. He made no provision for his two adult daughters and they challenged his Will.
A recent court case in Queensland shows you shouldn’t take chances with how your estate will be allocated.