Brief Chats
Why 60% of Australians Die Without a Will | With Barrister Nathan McComish
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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. Get in contact with Svenson Barristers: https://www.linkedin.com/in/anna-svenson-2610b790/ [https://www.linkedin.com/in/anna-svenson-2610b790/] https://www.linkedin.com/company/svenson-barristers/?viewAsMember=true [https://www.linkedin.com/company/svenson-barristers/?viewAsMember=true] https://svensonbarristers.com.au/ [https://svensonbarristers.com.au/] 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. Subscribe to Brief Chats If you enjoy thoughtful conversations with legal experts unpacking complex issues, follow Brief Chats for more discussions with barristers at the forefront of their fields. Support the show: https://www.linkedin.com/company/svenson-barristers/ [https://www.linkedin.com/company/svenson-barristers/] See omnystudio.com/listener [https://omnystudio.com/listener] for privacy information.
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