After 25 years of legal practice, I have come across a lot of myths about wills and common misconceptions that people have about Wills. Here are some of the common myths about wills I hear frequently. Myths about wills #1 - My wife and I can just make one...
After a major event in your life it may be time to review your will. Events such as buying a home, divorcing, remarrying, having a new child, adopting a child, change of business structure, becoming self employed, selling major assets, or starting a self managed fund may not...
In Victoria, it's not just anyone can challenge a will if they were left out or didn't get what they felt was a fair share in inheritance. You have to be an eligible person before you can challenge with such a claim. Only some classes of...
I am seeing a lot more adult children excluded from benefiting from a parent's will these days. According to the parents it is often for good reason. New legislation requires the Court deciding disputes over wills, to have regard to the deceased's reasons for making the...
According to the Victorian Wills Act 1997: (1) The divorce of a testator revokes— (a) any disposition to the divorced spouse of the testator, made in a will in existence at the time of the divorce; and (b) the grant of a power of appointment by the will...
The new Powers of Attorney Act 2014 (Vic) (Act) comes into effect as of 1 September 2015. There are new prescribed forms that need to be used from that date onwards. There are now 4 powers of attorney Non-enduring powers of attorney (previously called general powers of attorney). Enduring...
In 1998, Victoria introduced the Testator’s Family Maintenance claim through Part IV of the Administration & Probate Act 1958 (Vic) (“the Act”). This allowed a person to seek either provision from a deceased Estate or an increase in their provision. The definition of ‘eligible person’...
Common questions about deceased estates and what executors need to do: Many people do not know where to start after the death of a loved one. Family members or close relatives will often not know where the last will is. Common questions about how to organise...
The law in Victoria has not yet changed and the following cases show examples of successful challenges of wills by grandchildren. Remember, you have 6 months from the grant of probate of the will after death, to use the court to challenge a will. In...
Changes to the law proposed- may disadvantage those left out of family member's wills. Currently in Victoria if a family member who was left out of a Will challenged it, then they would have some chance of success provided that the deceased had an obligation to provide...
Fraud upon the elderly is becoming more and more widespread and sophisticated. Presently there does not appear to be any unified Australian legislation which protects older people from this type of abuse. In a 2011 study conducted by the Crime Research Centre of the University of...
WILLS AND FAMILY AGREEMENTS: WHAT CAN GO WRONG There are a significant number of generous parents these days who purchase properties for their adult children based on family "understandings" that are never recorded, only verbal. The agreement varies from family to family and can include arrangements anywhere...
