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Leaving Family Out Of Will

Printed From: AussieLegal
Category: Wills, Probate, Letters of Administration
Forum Name: Wills, Power of Attorney, Probate, Letters of Administration
Forum Discription:
URL: https://www.aussielegal.com.au/forum/forum_posts.asp?TID=25183
Printed Date: 22/April/2019 at 18:48


Topic: Leaving Family Out Of Will
Posted By: bw888
Subject: Leaving Family Out Of Will
Date Posted: 29/August/2018 at 10:13
My friend has nothing to do with his family as they were abusive. So he wants to set it up that when he passes they can't contest his will completely excluding them. (not that he has much of anything, it's more the principal of it and the people it does go to it will really help)



Replies:
Posted By: Eddy
Date Posted: 29/August/2018 at 12:25
Unless he was removed from his parents and placed in someone else's custody then there is a chance they could contest the will and recieve some part of his estate (after all they spent time and money raising him). Anyone can contest a will but need to substantiate it up with proof as to why they they are entitled to part of the estate, and then be prepared to chase their entitlement (legal costs might make it not worthwhile).


Posted By: HelloNewman
Date Posted: 10/October/2018 at 19:31
My question is if I can exclude adult children from my will. A few will not see me or my grandchildren. This is an ongoing problem I cannot fix.

I'd like to split my estate to an adult child who is allowing me to see her children and herself.

Question.
Can I leave her % to her but nothing to the others, but skip a generation and leave what the recalcitrant others would get to my grandchildren that I can't see?

I'm thinking I need proof but can only print e-mails received in a codicil that could be challenged. Or a Stat Dec explaining my reasons.

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Endure what can't be undone


Posted By: Eddy
Date Posted: 11/October/2018 at 09:00
Yes, it's your will and you can do what you like. The problem is that it can be contested at execution time (of the will). I supppose that you could make specific qualifications in the will about excluding certain people and citing the reasons - would make it embarrassing and difficult to contest for those explicitly excluded. I hadn't heard of this being done before - not sure of the legal details.


Posted By: citizen-joe
Date Posted: 11/October/2018 at 23:53
Yes you can exclude people from your will, even those who may have a legitimate right to receive something, however as previously advised, they will have right to contest the will and that action is likely to decrease the value of the estate as the legal fees will probably be charged against the estate. But if you include a valid reason for excluding them, in the will, it is likely you will succeed with the will.

A valid reason may include, 'X has been excluded from a share in my estate because I made provision for them during my life time by assisting them with the purchase of their house'. However invalid reasons will not be any good, eg 'I don't like the way they look at me.'

You can also jump a generation, again with a valid reason, eg 'I have excluded my child from a share in my estate, because that child is comfortably off with their own house, but I've included my grandchildren because they are yet to purchase a house, and with present housing costs they will have difficulty without some help.'




Posted By: HelloNewman
Date Posted: 12/October/2018 at 21:22
I appreciate the opinions above. It is doubtful that disinherited children would contest - given that they are good adults and their portion is going to their kids. They are all doing well in their carers and deep down love me.

Its been 6 years now since my parental and grandfather rights have been taken from me.

If things don't change in a year, I will dish out the dollars to get a hopefully watertight will. No doubt trusts will have to be done if I cark it before grand kids are the age I want = 21

Thanks again

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Endure what can't be undone



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