Tiyce & Lawyers Principal Michael Tiyce was quoted in The Australian this week in an article exploring the rise in inheritance disputes among siblings, as the Baby Boomer “great wealth transfer” begins to pass unprecedented levels of wealth to the next generation.
The article highlights how growing property values, large superannuation balances, and increasingly complex family dynamics — including blended families and unequal financial support during life — are fuelling more frequent and more intense disputes. Against this backdrop, Michael warns that the issue is likely to worsen, noting that disputes will “most likely increase further as Australia’s economic environment became harsher.”
Reducing the risk of conflict
His commentary focuses on practical steps parents can take to reduce the risk of conflict. Where there is a likelihood of a challenge, he advises seeking professional guidance early and structuring affairs carefully, including the possibility of transferring assets during life rather than through a will. He also highlights the importance of clearly documenting intentions, particularly in contentious situations: “If you know your testamentary decisions will be unpopular, such as cutting a child out of your will, then consider drafting a document that clearly sets out the reasons why, called a section 100 document.”
There is a cost
Michael also underscores the financial and emotional cost of disputes, cautioning that “challenging a will is an expensive proposition” and that careful planning should aim to “have your affairs wrapped up as tightly as possible.” His remarks reinforce a key theme of the article — that while legal rights exist for children (including estranged ones) to contest estates, proactive planning and transparency can significantly reduce the likelihood of disputes escalating into litigation.
Overall, the article paints a picture of rising tension as wealth transfers accelerate, with Michael’s insights emphasising that without clear planning and communication, significant estates can become a catalyst for conflict — and that avoiding disputes requires foresight, structure, and realistic expectations about how decisions will be received.
Read the full article on The Australian (note that this content is only available to subscribers of The Australian)
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