In his recent article for The Age, journalist Konrad Marshall explores the rising tide of inheritance disputes in Australia, driven by complex family dynamics and a massive generational wealth transfer. One of the legal experts featured in the piece is Andrew Meiliunas, an estate-law specialist at Nevett Ford, who sheds light on the realities of contesting wills and the legal protections in place for those unfairly excluded.
The Illusion of Testamentary Freedom
Many Australians assume that their will is absolute—that they can distribute their estate however they see fit. However, as Meiliunas points out, the law doesn’t always uphold such decisions, particularly when they result in manifestly unfair outcomes.
“Sometimes people are really harshly done by in wills, and they have to be protected,” he explains in Marshall’s article. One striking example he shares is of a woman who was written out of her father’s will simply because she missed his 70th birthday—an event she couldn’t attend because her children were unwell. Such arbitrary exclusions are often challenged in court, where judges weigh both the intent of the deceased, and the obligations owed to family members.
The Law’s Moral and Legal Responsibilities
As Marshall notes, the ability to challenge a will is rooted in the concept of “family provision,” a legal principle dating back to the 1890s. Initially designed to protect widows who were left destitute due to their husbands’ estates passing to others, the law has evolved to ensure that people with a genuine claim are not unfairly disinherited.
This means that even if someone intends to cut out a family member—due to estrangement, personal grievances, or other reasons—the courts may intervene if the excluded party can demonstrate a legitimate need. Estate disputes can also arise from deeply personal conflicts, such as when a parent disinherits a child over religious differences or sexual orientation.
Marshall’s reporting highlights how legal professionals like Meiliunas navigate these sensitive and often painful cases. While wills should reflect a person’s final wishes, they must also align with legal and ethical obligations. As Australia braces for an unprecedented $3.5 trillion intergenerational wealth transfer, inheritance battles are set to become even more frequent—and, as Marshall’s article suggests, even more bitter.
If you need expert legal advice on wills, estates, or financial elder abuse matters, Andrew Meiliunas and the team at Nevett Ford can help. Visit https://nevettfordlawyers.com.au/wills-and-estate-lawyers-melbourne/estate-dispute-lawyer/ to learn more about how we can assist you.
More of this story: https://www.smh.com.au/national/it-is-going-to-get-really-bitter-why-family-will-battles-are-set-to-explode-20250116-p5l4uk.html