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 people related to the deceased can challenge unfair wills “eligible …
Wills
21 November 2016
Can a disenherited adult child challenge the will?
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 will, but in particular- if there is any evidence …
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Divorce Wills
11 November 2016
The effects of divorce on a will?
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 exercisable by or in favour of the …
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Wills estate administration Power of Attorney
5 September 2016
Wills, estates and powers of attorney
At our local Melbourne office of Rigoli Lawyers we are preparing wills and powers of attorneys all the time but it never ceases to amaze me how many people are doing their “own home job” wills and powers of attorney. While I can understand they want to save money, what is overlooked is the costs …
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Power of Attorney Wills
9 September 2015
New power of attorney forms
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 powers of attorney – personal (previously enduring guardianship power). …
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Inheritance Wills
31 March 2015
Changes to laws when contesting wills
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’ was wide-ranging allowing a diverse group to apply therefore increasing …
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Deceased Estate Elder Law Executors Finance Property Wills
24 September 2014
Guide to dealing with deceased estates
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 probate are answered here: Was there a will? …
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Inheritance Wills
22 September 2014
Cases on contesting wills – grandchildren
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 the case of Re Davies a grandchild was successful. This was almost …
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Deceased Estate Elder Law Inheritance Wills
18 September 2014
Changes to inheritance laws are coming
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 for them. This could include domestic partners, stepchildren, and …
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Contact Discretionary Trusts Elder Law Family Trusts Guardianship Inheritance Power of Attorney Property Refinancing Wills
6 June 2014
Legal and financial fraud on the elderly
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 Western Australia its findings were that “misuse of Enduring …
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