Here are some common myths about leaving people out of your Will.
Myth 1: I can leave $10 to that son of mine who deserves nothing and therefore he cannot make a claim against my estate. Wrong.
Myth 2: My children haven’t spoken to me in years and therefore they have no rights to make a claim. Wrong.
Myth 3: I can leave all my estate to a Charity and there is nothing my kids can do about it. Wrong.
Here is the essential question:
Have you rightly considered and adequately provided for all those who expect to benefit from your estate?
The law requires that you wisely and justly decide about adequate provision for all those who might reasonably expect to benefit from your estate.
If you are considering (even with good reason), not providing for someone who might have an expectation of provision, this requires the preparation of carefully documented reasons in the form of a Statement under Oath. We can help you with this.
Sadly, Estate litigation and claims by disappointed beneficiaries is a growing area of the law.
See the recent case of Calvert v Badenach  TASFC 8 (24 July 2015) for a detailed discussion about the nature of family provision claims.
Please Note: This is not legal advice but it may help you understand the law. Read more...