Attwood Marshall Lawyers’ Estate Litigation Senior Associate Duncan MacDougall joined guest host Dean Miller to set the record straight on one of the most misunderstood areas of Succession Law — contesting Wills.

Duncan and Dean discussed common myths that often mislead families, including the belief that:

Leaving someone a token gift (like $1) in your Will will stop them from contesting it — it won’t.

DIY or handwritten Wills are just as effective as those prepared by a lawyer — they’re often contested due to improper execution or lack of legal advice.

A “no contest” clause can prevent disputes — it won’t hold up if the person is eligible to make a claim.

They also explored how financial need, family relationships, and estate size will influence whether a claim will succeed, especially as modern families become more complex with stepchildren, estrangement, and informal promises about inheritances.

Duncan explained the role of executors, why conflicts of interest can arise when executors are also beneficiaries, and how mediation is often used to resolve disputes before they reach court.

He also gave insight into why Wills prepared by the Public Trustee may lead to complications down the track.

The key takeaway? Open communication, proper legal advice, and regular Will reviews are crucial to minimise disputes and ensure your wishes are carried out.

4th June - Duncan MacDougall

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