Messy estates are all the rage – from Bob Hawke to Richie Benaud and Neville Wran.
Wills need to be carefully drafted – but there are no guarantees against a determined plaintiff…
Spouses and children are automatically eligible to make a claim on an estate, but anyone can make a claim if they can prove that the deceased had a moral duty to provide for them.
If your grandchild has resided with you for a period of time, and you have provided for them during that period (as a parent would), and they have relied on you for their day to day needs, they may make a claim on your estate. Their ‘need’ will be assessed by the Court.
Consideration is given to the wealth of the person who is benefiting (their need) as well as the value of the deceased’s estate.
Some people believe the effort they invest in looking after an aged parent should be ‘rewarded’ with a bigger slice of the pie at the time of their parent’s death. Their siblings may not share that view.
Leaving equal shares of your estate to all your children may not be what you want to do, but leaving more in your Will to one child opens the door to a claim.
Leaving someone who is eligible OUT of your Will, is only inviting trouble.
Get professional up to date legal advice at Stuart Garrett Lawyers, to protect your intentions and therefore your estate, from the possibility of legal challenges.