Wills and estates law touches almost every family at some point. But when succession planning isn’t done properly, the consequences can be devastating.
In this episode of Brief Chats, host Anna Svenson, Director and Principal Clerk of Svenson Barristers, speaks with Nathan McComish, a barrister with more than a decade of experience in wills and estates litigation.
They unpack the real legal battles that happen after someone dies, from contested wills and inheritance disputes to the growing risks created by digital documents, blended families, and rising property values.
With 60% of Australians reportedly dying without a valid will, the courts are increasingly dealing with complex disputes over estates that can easily exceed $1 million when property is involved.
Nathan shares how the law works when there is no will, what makes a will legally valid, and why inheritance disputes often become deeply emotional conflicts between family members.
This conversation explores the legal, moral and financial tensions that arise when families are forced to divide a lifetime of assets.
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In This Episode
Why 60% of Australians die without a will
How courts decide who inherits when someone dies intestate
What legally makes a will valid in Australia
The rise of family provision claims
Why blended families create complex inheritance disputes
When courts can override someone’s will
The surprising legal rules around pets and inheritance
The truth about people working for decades expecting inheritance
How AI, digital documents and identity fraud are creating new legal risks
Key Topics Discussed:
Why Wills and Estate Disputes Are Increasing
Rising property values and longer life expectancy mean estates are often worth far more than families expect. What once may have been a modest home can now represent millions in assets, increasing the stakes of inheritance disputes.
The Problem of Dying Without a Will
When someone dies without a will, intestacy laws determine how assets are distributed. These laws prioritise spouses and children but can quickly become complicated in modern families.
What Makes a Will Legally Valid
A valid will in Australia typically requires:
A written document
• Signed by the person making the will
• Signed in front of two witnesses
Without these formal requirements, courts may still recognise an informal will, but doing so requires additional legal proceedings and evidence.
Family Provision Claims
Even if a will is valid, certain family members can challenge it if they believe they were not adequately provided for.
Common claimants include:
Spouses
Children
Dependents
Members of the household
The court then decides whether “adequate and proper provision” was made.
The Rise of Blended Family Disputes
One of the most common causes of litigation is the blended family dynamic.
Children from a first marriage may expect to inherit the family estate, while a surviving spouse from a second marriage may also have legal entitlement. These situations frequently lead to disputes once the “family glue” passes away.
When Promises of Inheritance Become Legal Claims
Some people spend decades working in family businesses or farms based on promises they will inherit the property.
When those promises are not honoured in a will, courts may enforce them under legal principles such as proprietary estoppel or unconscionable conduct.
The Role of Morality in Wills Law
Inheritance law isn’t purely financial. Courts often consider whether a deceased person had a moral duty to provide for certain family members.
However, fairness alone is not enough. Courts must balance:
Financial need
• Estate size
• Relationships with the deceased
• Competing beneficiaries
The Strange Cases of Wills Litigation
The episode also explores some of the unusual cases courts see, including:
DNA disputes over paternity and inheritance
• Attempts to challenge beneficiaries through illegal evidence
• Claims involving promises made decades earlier
Can You Leave Money to a Pet?
Pets legally count as property, meaning you cannot leave money directly to an animal. However, wills can include provisions where someone receives money conditional on caring for the pet.
The Emerging Risk of Fraud and AI-Generated Documents
With digital tools making document creation easier than ever, courts are starting to see cases involving:
Fake wills
• Stolen identities
• Fraudulent probate applications
As technology evolves, verifying the authenticity of legal documents is becoming increasingly important.
Key Takeaway
Estate disputes often arise not because families are greedy, but because intentions were never properly documented.
A carefully drafted will, updated regularly as life changes, remains one of the most important tools for protecting families and avoiding costly legal battles.
About the Guest
Nathan McComish is a barrister specialising in wills and estates litigation with more than 13 years of experience. His work focuses on inheritance disputes, contested wills, family provision claims, and complex estate litigation.
About the Host
Anna Svenson is the Director and Principal Clerk of Svenson Barristers, connecting leading barristers with solicitors and clients across Australia.
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