Do you have a spouse? Seems fair that they will benefit from your Estate. But what if you are separated from your spouse? If you are separated but not divorced your spouse still stands to inherit your wealth if you don’t have a Will that says otherwise. Regardless of how substantial your wealth is, very few individuals want to see their wealth benefit their ex-spouse.
If you have no spouse and no children, then your wealth will pass to your parents. Again, in most circumstances this seems appropriate, but with the rise of family breakdowns, what if you don’t speak with one of your parents? The Succession Act does not distinguish between parents based on their relationship with you.
Challenging the position under the Succession Act can be expensive and diminish the value of the Estate. Even though the Court may, on application of a loved one, make an order for provision from your Estate effectively altering the rules of intestacy, there is no guarantee that the Court will not still determine that an ex-spouse, or another person who you do not intend to end up with your Estate, has an entitlement or that your loved ones will get what you consider appropriate.