VIC Can the Will be Challenged by the Widow?

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Fergo

Member
19 March 2018
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J is 89 years old. B is 84. They have been married for 30 years, no children form this marriage. Both have children from previous marriages. Both owned properties before their marriage, sold and bought a large modern house in upmarket inner Melbourne suburb where they have resided for past 10 years. Both names are on the title.

J reckons that B will probably outlive him. They both have some separate accounts and 2 joint ones. J has money [ significant ] in trust accounts for his 2 adult children.

In his will, the house will be sold and B gets 40% of proceeds and his children 60%. There is no known prenup.

Can this will be legally challenged and if so with what degree of success?
 

AllForHer

Well-Known Member
23 July 2014
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Ask in Wills and Estate Planning, not Family Law.
 

Jacqui Brauman

Well-Known Member
15 January 2016
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Victoria
www.tbalaw.com.au
A prenup is put in place in case there's a separation, to protect against a property settlement under the Family Law Act. A prenup doesn't apply if the couple are together up until death.
A widow generally has the best claim out of all those that a deceased is obliged to care for. Hopefully their discussions were deep enough that they both understood each other's positions and she won't make a claim.
Joint accounts automatically pass to the survivor.
If there are funds in a proper trust, then those funds will go to the children and not be subject to any claim.
 

winston wolf

Well-Known Member
21 April 2014
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894
Adelaide
changefpa.com.au
A prenup is put in place in case there's a separation, to protect against a property settlement under the Family Law Act. A prenup doesn't apply if the couple are together up until death.
A widow generally has the best claim out of all those that a deceased is obliged to care for. Hopefully their discussions were deep enough that they both understood each other's positions and she won't make a claim.
Joint accounts automatically pass to the survivor.
If there are funds in a proper trust, then those funds will go to the children and not be subject to any claim.

Couldn't the funds in the trust be deemed notional estate if in NSW?