Here are some common myths about cutting people out of a 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 case of Calvert v Badenach  TASFC 8 (24 July 2015) for a detailed discussion about the nature of family provision claims.
You can read more here:
- Will leaving a testamentary gift to charity risk a Family Provision Application?
- What is a family provision application?
- Have you considered the Family Provision risks?
- How is the need of a Family Provision Applicant assessed? (Large Estates)