[Presley1]

NO NO ÑO

 

[Skeeta22]

I also have a son who will be left out of my Will after the way he has misused and mistreated my husband and I over many years, only attempting to contact me after the passing of my husband who did so much for him in the past. I am seriously considering selling everything I own and dividing my assets between those that I want to have them while I'm still living, therefore nothing left in the Will means no contesting because I know he will, it's all about 'What can I get?'

 

[Skeeta22]

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

I'm with you, I believe it's the only way we can ensure our assets, large or small, go to those we want them to

 

[Banjo4670]

My husband died suddenly 9 months ago. Had "informal will". I had proof of his intentions. Also friend who is JP. Hubby's family horrible...threatening to try to take my home.
Just...protect yourself as much as you can. I just think...when someone dies...the Vultures come out!!!

Don't use the public trustee. They take a huge chunk of your estate. Find a lawyer who will write a will at low cost. It doesn't have to cost much. Shop around. There are lawyers out there who will do it very cheaply.

I agree have been told the same.
If your wishes are simple....

 

[willywop]

I HAVE READ THE ABOVE I AM IN WESTERN AUSTRALIA COULD SOMEONE PLEASE TELL AS WHAT THE LEGAL JARGON IS TO BE PUT IN THE WILL TO MAKE IT WATER TIGHT SO IT CAN NOT BE CONTESTED

 

[Ricci]

I HAVE READ THE ABOVE I AM IN WESTERN AUSTRALIA COULD SOMEONE PLEASE TELL AS WHAT THE LEGAL JARGON IS TO BE PUT IN THE WILL TO MAKE IT WATER TIGHT SO IT CAN NOT BE CONTESTED

I was talking to a solicitor just last week and she said to make the will, laying out all divisions then do a stat dec, laying out your reasons for the splits or leaving someone out or whatever. That will inform the Judge should it go to court. She also said a handwritten and signed letter to the Judge helps as in reading it it's like they are talking to you and understanding your reasonings. Nothing of course is 100% certain but she reckoned that that would give you the best shot. Hope that helps.

 

[Stanier123]

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

Beware the public trustee, not to be trusted! Once they get their mits into you the fees are outrageous.

 

[Catsy]

Be careful what ever you do. My husband and I have two adult Sons.
We had a close relationship with both if them. Prior to our both retiring our Financial Advisor asked if we intended down the track for the two sons to have the house, when we answered yes, she suggested that it
would be a good idea to transfer the deeds to the home back then,
We did this and all was explained to them. We would continue to live in the home rent free, but we would pay all of the bills pertaining to the
Home. Our eldest son was made Executor of our wills, has Power of
Attorney for us as well as all the necessary roles.Then my sons really had some bad arguments with my husband and they have not spoken for the last 8 years. He will have nothing to do with either of them.I remained in contact with both of them.
Then out of the blue, without knowing why, no arguments between them and I they cut me off as well. No rhyme or reason. Don't ring, don't visit, nothing.
executor of our wills remains the same thing as do all other RolesThe situation now exists, if they chose to they could turn us out of our home.
All important roles given to them regarding our health, wellbeing,
Where we spend our days if we can't live in our home due to health or
something similar all currently is up in their hands.
We could be out on our bums with nothing and no one to look after our needs,
I hope it never comes to that!
But hey I never thought they would do what they have to me, not able to see or visit them, unable to see grand children, and that hurts,l
Just be very careful what you plan for the later years.,.,

 

[HamMcG]

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 understand the reasons. I would however encourage people to try to include all children in the will. Chances are the children are already disconnected over their attitude towards you, and a divisive will does not help people build bridges. It is my belief a will should be bygones, and ones passing an opportunity to bring family a little closer.

 

[HamMcG]

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!

 

[HamMcG]

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!

Having two estranged children I am still leaving all three equal parts of my estate. I don't want my passing to be a source of even more discord. I don't want one child to bear the burden of being favoured. I'm gone, its bygones, but my will can help people come together and accomplish what I was not able to accomplish in life.

 

[willywop]

Be careful what ever you do. My husband and I have two adult Sons.
We had a close relationship with both if them. Prior to our both retiring our Financial Advisor asked if we intended down the track for the two sons to have the house, when we answered yes, she suggested that it
would be a good idea to transfer the deeds to the home back then,
We did this and all was explained to them. We would continue to live in the home rent free, but we would pay all of the bills pertaining to the
Home. Our eldest son was made Executor of our wills, has Power of
Attorney for us as well as all the necessary roles.Then my sons really had some bad arguments with my husband and they have not spoken for the last 8 years. He will have nothing to do with either of them.I remained in contact with both of them.
Then out of the blue, without knowing why, no arguments between them and I they cut me off as well. No rhyme or reason. Don't ring, don't visit, nothing.
executor of our wills remains the same thing as do all other RolesThe situation now exists, if they chose to they could turn us out of our home.
All important roles given to them regarding our health, wellbeing,
Where we spend our days if we can't live in our home due to health or
something similar all currently is up in their hands.
We could be out on our bums with nothing and no one to look after our needs,
I hope it never comes to that!
But hey I never thought they would do what they have to me, not able to see or visit them, unable to see grand children, and that hurts,l
Just be very careful what you plan for the later years.,.,

EASY FIX CANCEL YOUR WILL AND OTHER PAPERWORK AND MAKE A NEW WILL ADVISE YOUR CHILDREN AND IF THEY DO NOT CONE TO THE PARTY ON YOUR TERMS LEAVE THEM A DOLLAR EACH THEN HAND WRITE A LETTER TO SAY WHY YOU THINK THEY SHOULD NOT GET ANY MORE SO IF THEYTAKE IT TO COURT THE JUDGE WILL READ YOUR LETTER
PS---PUT IT ALSO ON YOUR WILL THAT THE HAND WRITTEN LETTER IS PART OF IT

 

[mylittletibbies]

The best idea

Unfortunately many people have this idea, but it is incorrect, I know from experience it makes no difference whether you leave $1, ,$20, $1,000, or even $20,000 they can still contest.
If you have your will made by a reputable lawyer they will tell you this.

 

[mylittletibbies]

EASY FIX CANCEL YOUR WILL AND OTHER PAPERWORK AND MAKE A NEW WILL ADVISE YOUR CHILDREN AND IF THEY DO NOT CONE TO THE PARTY ON YOUR TERMS LEAVE THEM A DOLLAR EACH THEN HAND WRITE A LETTER TO SAY WHY YOU THINK THEY SHOULD NOT GET ANY MORE SO IF THEYTAKE IT TO COURT THE JUDGE WILL READ YOUR LETTER
PS---PUT IT ALSO ON YOUR WILL THAT THE HAND WRITTEN LETTER IS PART OF IT

Sorry, this will make no difference. My aunt did this but the will was still contested and the person (her son who had not spoken to her for over 25 years, he was a drug addict, spent most of his life in and out of prison,) actually won the case. The judge felt that he needed the money more than her other 2 children ( who had actually made something of their lives).
Therefore a third of my aunt's hard earned money went to a nohoper and actually rewarded him for his own crap life choices and making my aunt's life a misery.
Nobody, especially a judge listening to a bullshit sob story, should be able to make this decision.
Otherwise, what is the use of even making a will

 

[mylittletibbies]

Unfort

I'm with you, I believe it's the only way we can ensure our assets, large or small, go to those we want them to

Unfortunately, if you do this and are reliant on the pension, Centrelink will stop your pension if you give away more than $10,000 in any one year and I think the maximum is $30,000 in a 5 year period.
So many damn loopholes.

 

[mylittletibbies]

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!

My lawyer also suggested this as the only way to ensure no one contesting, only problem again is the Centrelink one.
If you give everything away then you get no pension and you can't live on nothing.
The only solution then would be that the person(s)receiving the bequest would then support you.
Don't know if I like that solution either.
Seems it's not only life that wasn't meant to be easy.

 

[mylittletibbies]

Sorry, this will make no difference. My aunt did this but the will was still contested and the person (her son who had not spoken to her for over 25 years, he was a drug addict, spent most of his life in and out of prison,) actually won the case. The judge felt that he needed the money more than her other 2 children ( who had actually made something of their lives).
Therefore a third of my aunt's hard earned money went to a nohoper and actually rewarded him for his own crap life choices and making my aunt's life a misery.
Nobody, especially a judge listening to a bullshit sob story, should be able to make this decision.
Otherwise, what is the use of even making a will

Post script to the above, this money obviously went on drugs and eventually caused his death from an overdose

 

[mylittletibbies]

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.

This would be totally illegal.A will must go through probate and if she was executor under the will she must distribute the estate as stated in the will.
If your parents died intestate (no will) the government appropriate department decides on the distribution
You are entitled to see a copy of the will. You need to see a lawyer, this should not happen, your sister has broken the law.

 

[rayd]

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

Youn can be better served by doing a cheaper (Not nasty) will with a Citizens Advice Bureau than a Public Trustee. Public Trustee fees to see the estate to conclusion are prohibitive and not appropriate for most people.

 

[mylittletibbies]

I HAVE READ THE ABOVE I AM IN WESTERN AUSTRALIA COULD SOMEONE PLEASE TELL AS WHAT THE LEGAL JARGON IS TO BE PUT IN THE WILL TO MAKE IT WATER TIGHT SO IT CAN NOT BE CONTEST

I also live in WA, I have had quite a bit of experience with wills. I am not a solicitor, but have worked in legal offices and also had a couple of messy family will situations.
These laws change all the time, but to the best of my knowledge, as of today, there is still no way to make your will legally binding and uncontestable.
I sought legal advice myself recently as I have a son with a drug problem and wish to exclude him from my will. Not to punish him, but hopefully not to kill him, as that is what I am afraid will happen if he was to inherit a large amount of money.
The advice was unfortunately not only would he be able to contest the will but there is a very high chance that he would win as the judge would consider he was in more need than my younger son who has made a good life for himself and his lovely family through hard work.
I have already made good provision for my daughter, who has an intellectual disability.
My younger son would also take her to live with his family.
It appears however that the eldest son could make a good case, even though his financial situation and chaotic life style have been of his own making.
Go figure, as they say the law is an arse.