VIC Adding Grandchildren to a Will?

Discussion in 'Wills and Estate Planning Law Forum' started by Fay, 23 January 2019.

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  1. Fay

    Fay Active Member

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    My partner would like to know if his parents need to leave anything for their grandchildren in there will. He is the only surviving child, but he has no kids. I have kids but they are not his. We think his parents should sell the house and travel around until they die, because his sister in law will get the money, not the kids, no matter what.

    Thank you.
     
  2. James Mahoney

    James Mahoney Active Member

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    Hi Fay,

    Your partner's parents can include whoever they want in their Will.

    However, if a child, grandchild or dependant is left out of the Will for whatever reason, there is a chance that that person could challenge the Will on the basis that they have not been left with adequate support. A lot will depend on specific circumstances though, and it is hard to recommend a strategy without knowing all of the facts.

    Happy for you to DM me if you have more specific questions.
     
  3. Fay

    Fay Active Member

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    I would like to get more information. What kind of information do you need?
     
  4. James Mahoney

    James Mahoney Active Member

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    What State are you based in? Have your partner's parents executed a Will? Does he know what the general terms of the Will are? What is the likelihood of a challenge to either of the Wills. What are the parent's relationship like with your partner's siblings.

    Again, if you would prefer to DM me, I am happy to help.
     
  5. Scruff

    Scruff Well-Known Member

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    @James Mahoney - Out of curiousity, what does "DM" mean? I'm a tech head from way back, but that one eludes me. :confused:
     
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  6. Fay

    Fay Active Member

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    We are in VIC. Yes, they have a will done by a lawyer. The house was sold and the money given to the only son and grandchildren all 5. I don’t think she will challenge it if she gets money for her kids, they see them when she is ok for them to see the kids.
     
  7. Tim W

    Tim W Lawyer
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    There's case law that says there is no general duty to provide for grandchildren.
    Think of it more as being "can", but not "must".
     
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