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VIC Big Family Provision reform in Victoria - Opinions?

Discussion in 'Wills and Estate Planning Law Forum' started by winston wolf, 2 September 2014.

  1. winston wolf

    winston wolf Well-Known Member

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    Hi All

    There are possible big changes in Victoria that will radically reduce Family Provision claims.
    These changes will effectively remove non dependent adult children as valid claimants.
    I have been a strong advocate for reform of this kind for many years.

    Having said that I have proposed a class of claimant covered by.
    "A person that substantially contributed to the wealth or well being of the deceased"
    I have hoped this would protect those such as a farmers child that labors for decades at reduced compensation with the expectation of an inheritance, or
    Do you think this situation could be adequately covered by promissory estoppel ?

    Looking forward to your thoughts.

    Dramatic changes to family provision legislation tabled in Victorian parliament (LNEX)
    LIV says proposed changes to succession laws are the harshest in Australia (Vic law institute)
    Radical overhaul of family provision law.

    Herald Sun
     
  2. winston wolf

    winston wolf Well-Known Member

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  3. John R

    John R Well-Known Member

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    Hi @winston wolf
    I guess it depends on the definition of "adequately covered" ;)
    In an ideal world, the family would have appropriate estate planning, etc.
    In a less ideal world, the Bill would be amended before becoming law to enforce the ability of a child, regardless of age or status, to make a claim for a provision or adopt the new category that you propose.

    What other categories do you think are missing?
     
  4. winston wolf

    winston wolf Well-Known Member

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    Thanks for the discussion @John R

    What I meant by "adequately covered" is that from time to time promissory estoppel has used rather than Family Provision.
    I believe this is due to a claim greater than adequate provision.

    So would promissory estoppel be an avenue for adult children that say cared for a parent for 10 years or worked on business for a parent?

    I believe this was used prior to the FPA's and the FPA was hoped to save estates money(LOL)

    I don't want more categories.

    Unfortunately the courts interpretation of the FPA has undermined the social contract between parent and adult child. /end rant.
    :eek:
     

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