[PepeLePew]

I read something the other day that stated anyone who felt that they were entitled to a cut of someone's Will only has 6mths from date of death to contest a Will. My children have already been instructed not to let anyone know when I have departed this life until after I have been gone for 12 mths. This is so that estranged members who have chosen to cut themseleves off from the family don't get their dirty filthy money hungry grabbing fat fingers on stuff that does not belong to them. I have already prearranged with my children that my graveside funeral is an invitation only affair and have written up a list of the people I want there. There will also be no notice put in any newspapers. so no uninvited people can turn up. My children respect my wishes enough that they will honour this agreement.

 

[mylittletibbies]

You can do a free Will with the public trustee don’t use post office wills they are easily overturned

Unfortunately writing the will is the only thing the public trustee does for free Try to get out of their tenticles after that, it's a different story.
Much, much cheaper to pay a solicitor in the first place, at least they don't come looking for a % afterwards.

 

[EllieN]

Unfortunately writing the will is the only thing the public trustee does for free Try to get out of their tenticles after that, it's a different story.
Much, much cheaper to pay a solicitor in the first place, at least they don't come looking for a % afterwards.

When making a will through the Public Trustee, you can appoint them as Executor, or you can appoint a private Executor. There is no charge to make that will. By appointing the Public Trustee, you are made aware of the percentage charges for the administration of the estate when you pass away. If the Testator does not like those set charges, they can appoint a private Executor.

If an estate has simple assets, the job of Executor may not be very difficult. For the majority of estates, the matters are complex. Most private Executors would not have the skills to negotiate the Succession laws applicable for the estate to which they appointed. They then engage a Solicitor to complete matters for them, while remaining the Executor. This comes at a cost, and I would consider that their hourly rate would rarely bring the amount payable to a figure less than that of the Public Trustees for the same matter.

There is nothing stopping a Private Executor approaching the Public Trustee for a quote to administer their particular estate for which they have been appointed, or certainly for the parts of it they can’t handle themselves.

If you are going to approach a Solicitor, make sure they have the particular expertise in deceased estate administration. Some certainly don’t.

If you use the Public Trustees services, you are assured that they have specific areas and personnel who only deal with deceased estate matters.

There are plenty of Solicitors who are experienced in this area (and some not) but be sure their charges will not be much much cheaper than the Public Trustee, if at all.

The above situation I have described is as what is provided by the Public Trustee in Queensland. I would consider that Public Trustees in other States would not be much different.

 

[Linwar]

I am in the situation where two of my children have not been included in my will. The clause has been legally worded such to show that they are not a pat of my life and have no claim on my estate. I won’t go into the personal aspects of my will but suffice it to say that from a young age one child made a choice to disrespect me immensely, and do many things to hurt me, some of them illegal, and it was a conscious decision to leave him out. The second child decided she no longer wanted me in her life and I was banned from my grandchildren after being prominent in their lives for the first 5 years of the eldest child’s life (and 3 and 1 for the younger). I have two other children who I am very close with, I have spent many happy times with them and their families and we operate as a family. I believe as my other two children have not contributed to my life or the family life in any way for many years and despite attempts on my part to reconcile have been hurtful in their responses, it is my choice to leave whatever I do to the children who have shared their lives with me and who help me out when I need anything or just be there when I need family. I do not act from spite, I simply don’t see them as part of my life any more and therefore not a family member. I feel what I have to leave is to help my loved family members and my eldest two have chosen not to be included in that family. I find it terrible how the death of one can cause people to come out of the woodwork causing grief to loved ones when in the life of the deceased they have been content to remain outside the family.

I am in a similar situation, my son sentme alegal letter telling me to keep out of his hife 15 years ago, so I respected that and went on with my daughters. My son has no inheritance, he will get his fathers inheritance, my daughters on the other hand will only get mine. I think it is disrespectful of the law to allow somone who has no intention of being in your life, sharing their family or special days should be intitled to anything. I'd love to see a lawyer on here give his opinion.

 

[Milica]

That's shocking, Ricci. I am so sorry that happened to you. My half-sister robbed our mother and threatened her safety, but still managed to successfully challenge the Will despite having no genuine needs and having inherited heaps from her father (while I got nothing from either my father or step-father). The system is so hideously wrong. But I have written to the Attorney General expressing my concerns and all I get back is justifications. The truth is the system is designed to put money in lawyers' pockets. It's all about money for the profession.

This is such a sensitive area.
My darling mum passed away recently and left all her worldly possessions, except superannuation, to my sister and I who were her only surviving children. We are also the executors.
Out of the blue, I was accused of changing my mother's will whilst she was suffering dementia, 12 months before she passed. It caused a huge rift in the family. The peculiar thing was that the only beneficiaries who received money were the 2 GRANDchildren who were making the noise. My sis and I did not receive anything out of the super fund, and we were OK with that.
It seems that those grand children were having conversations with mum whilst she was suffering dementia and they said she verbalised all kinds of promises to them of which we were not made aware.
What they did not know was that mum had taken herself to the solicitor 8 years before she was diagnosed and formalised her wishes without involving sis and I and dealing wholly and solely with the solicitor on her own. She also included letters giving explanations as to why some grand children received nothing. These were made official by the solicitor.
It's not just children who go for the jugular. People come out of the woodwork if they see the holy $ on the horizon.
I was still grieving my mum's passing and had to deal with what ended up being an organised assault on my behaviour as a daughter that was further exploited by viscous attacks on social media. I was very close to an emotional break-down. It was horrific and I doubt that the hurt and disappointment will ever be repaired.
They threatened legal action, but when they learned how mum had covered everything with the solicitor herself, I guess they decided they didn't want to spend the money on legal advise. They are just hounding me to find out when they will get the money they are to receive. It just goes on and on.
The sad thing is that what you think is a strong family bond can be completely destroyed by all of this. I guess what I felt was lost to me in the way of family, is not really a loss at all. People who care about you don't do things like this.
There is Karma in this for me. Before this happened, I did have my will in place to include certain possessions of mine bequeathed to the very niece who instigated the attack. That has changed, and, I made darn sure that my decision cannot be overturned.
It's a dirty business and should not be allowed to blow out if a person has done everything legal to make sure that their wishes are respected.

What a horrible life experience for you to have had to go thru when your mothers will was clear.
It seems in life - and we are in the 21st century! that greed, power, control, and the almighty $ are still the motivating factors for a lot of people - what happened to Love, (especially family love), respect, mutual understanding, compassion and caring. I hope it has all worked out for you.

 

[MariaG]

Thanks Ricci.
I have always believed that it is of no real consequence as to what happens to me in any given moment. What really matters is that I deal with the event honestly, and with integrity. This really tested me.
Probate can take up to 18 months, so, I have to read social media whining until they get their money.
To make matters worse, I have been informed by the solicitor that tax has to be paid on the super before they get the money. I'm still in the midst of trying to sort that one out. I've got buckleys of getting their tax file numbers. Ho hum.
Life wasn't meant to be easy, but now I am realising, that when you lose someone you love, that also is not meant to be easy.

 

[willywop]

You can do a free Will with the public trustee don’t use post office wills they are easily overturned

the public trustees charge to much

 

[mick.idgaf]

You can do a free Will with the public trustee don’t use post office wills they are easily overturned

Do not use the Public Trustee, as I have had experience with 2 wills being the Executor of these Wills.
Yeah the Public Trustee are free when you sign up, but they charge like a wounded bull when it comes to paying out the Estate and use delaying tactics when making payments.
Also, if they are Power of Attorney for sick people their fees can be very high and they are quite ruthless when using sick peoples funds to fight cases in court and can be quite expensive.
On another note, Superannuation is treated separately to Wills, and the person nominated for the superannuation, will get the super on payout. I have just been through this with 2 super companies, so folks be aware of this as it is law and not part of the Will or Estate.

 

[Jarred Santos]

Thank you so much for these responses, everyone! We love how upfront and honest you've all been with your stories; the forum is a better place for it!

To those who still wish to have their say, by all means, please feel free to add your thoughts

 

[Don Dewson]

According to my lawyer, the Will can still be challenged - with the challenger's legal fees deducted from the estate win or lose!
A Will clearly written should not be subject to challenge. Let's start hassling our MPs to have this legal loophole made indisputiably null and void.

 

[Don Dewson]

I think it is disrespect to contest a will.

Why is it automatically a child's right to inherit their parents money and property.

I have 13 kids and haven't written a will as yet but we will do it soon.

I have two children who are very disrespectful , my eldest daughter whom we have given money to , yet she won't listen to us and continues living in poverty with her 3 children.
One of my sons who is 28 and very disrespectful to the whole family. He is selfish and self -centred , and now he is married to his equal no one in our family sees him.
I will leave them a small ammount off money but I will do it legally so it can't be contested .

I feel the only way a will should be able to be contested and that is if a child needs continue support eg parent has been looking after a child with disabilities and were not provided for in the will

Regardless of being specifically excluded in a Will,

I have one written out of mine but it is worded legally that she has not been part of our lives since she was 16 there are reasons for this

I have one written out of mine but it is worded legally that she has not been part of our lives since she was 16 there are reasons for this

Yes it is disrespectful and wrong. You earnt your savings and it is yours to do with as you want. Why bother paying all that money to make a will to have your decision changed. If you want to reward someone who has been there for you, sharing your life with good memories, you should be able to reward them. If you want to punish someone who has caused you stress and pain then you can leave them less or leave them nothing.

Thank you so much for these responses, everyone! We love how upfront and honest you've all been with your stories; the forum is a better place for it!

To those who still wish to have their say, by all means, please feel free to add your thoughts

Thank you so much for these responses, everyone! We love how upfront and honest you've all been with your stories; the forum is a better place for it!

To those who still wish to have their say, by all means, please feel free to add your thoughts

if the challenger can prove his/her personally dire financial straits their challenge is very likely to succeed (?).

 

[Don Dewson]

According to my lawyer, the Will can still be challenged - with the challenger's legal fees deducted from the estate win or lose!
A Will clearly written should not be subject to challenge. Let's start hassling our MPs to have this legal loophole made indisputiably null and void.

My lawyer suggested that I consider separate from my Will expressly denying my wealthy daughter, (who willfully stole family heirlooms while her mother was on her deathbed), that I gift money to our other children to minimize the risk involved in a challenge to my Will!

 

[Ricci]

My lawyer suggested that I consider separate from my Will expressly denying my wealthy daughter, (who willfully stole family heirlooms while her mother was on her deathbed), that I gift money to our other children to minimize the risk involved in a challenge to my Will!

I checked the Centrelink guidelines for gifting and it tells me you can gift $10.000 per year per person for a total of $30.000 per person in any five year period. Not a lot really in the great scheme of things.

 

[Vio Kot]

You can always leave the child a minimum of one dollar. That way, there can be no challenge whatsoever, as well as showing exactly what your feelings are.

The best idea

 

[Noelahanrahan]

Y

Estranged Children and Contesting Wills: Have Your Say​

It's Sunday which means it's time to have your say!

Today's question was thoughtfully sent in by a member. They've provided this insight to read before the question itself.

'We are encouraged to make a will. The will is supposed to be our intention regarding who receives the proceeds of our Estate, however, did you know that your will and therefore your intention regarding the proceeds of your Estate can be challenged? The challenge can come from your children, even those adults who may have been estranged from you for many years. Also, did you know that the legal challenge can be paid for by your Estate? How do you feel about the possibility of your intentions being disregarded? How would you feel about the money from your Estate being used for this purpose?

So considering this, our question is...
In Australia, children (estranged included) written out of a will can challenge this with the estate. Do you feel this legal loophole is disrespectful to the will writer's wishes and should be corrected?

We strongly encourage comments this week, members, as there is so much to discuss!

We can't wait to hear from you!

 

[Noelahanrahan]

The best idea is to leave them $1000 dollars

 

[Pink lion]

Estranged Children and Contesting Wills: Have Your Say​

It's Sunday which means it's time to have your say!

Today's question was thoughtfully sent in by a member. They've provided this insight to read before the question itself.

'We are encouraged to make a will. The will is supposed to be our intention regarding who receives the proceeds of our Estate, however, did you know that your will and therefore your intention regarding the proceeds of your Estate can be challenged? The challenge can come from your children, even those adults who may have been estranged from you for many years. Also, did you know that the legal challenge can be paid for by your Estate? How do you feel about the possibility of your intentions being disregarded? How would you feel about the money from your Estate being used for this purpose?

So considering this, our question is...
In Australia, children (estranged included) written out of a will can challenge this with the estate. Do you feel this legal loophole is disrespectful to the will writer's wishes and should be corrected?

We strongly encourage comments this week, members, as there is so much to discuss!

We can't wait to hear from you!

Both my mother and my father have now passed and each time my older sister took over the legal handling of their affairs. Not even a photograph from an album was given, when either passed. My father worked all of his life and as I was his only son, it would not have been his wishes that no personal memorabilia let alone any inheritance would be forgotten.

It was over a year ago now. I asked at the time about how I could get justice, but it's always who you ask, when it comes to information retrieval. She got the lot. Both times taking both parents cars and all of their physical and financial assets.

I would have simply liked a few photos from the family albums. Not every person is a good person. It would be wrong to label my sister as a complete and utter bitch and so I won't say that. I just shrug at here lack of empathy, sympathy and compassion, and trust that karma will sort her out one day.

 

[Winwow]

The legal wills should be adhered to, the wishes by the parents strictly carried out. Altho what if there was a reconciliation after I’ll was written but never updated …hmmmmmmm

 

[Winwow]

But if your sister took over the legal handling of the will was she entitled to do so…as executor or did they die intestate? The executor handles the winding up,of the state and ensures that everything is tied up, outstanding bills cancel accounts etc. they cannot simply allocate funds to themselves or take what they want from the estate unless it was left to them in the will in the first place. Too many ppl think that the executor has the right to do what they want, they don’t actually but they have to follow the wishes of the will writer, to the letter of the law…hard maybe but simple

 

[Macarj]

My aim is hopefully knowing a few months before my demise I will give my wealth away to who I want because no matter how good a will is written under Australian law any body can contest it if there is only a couple of dollars left in my account nobody will contest