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TAS DIY Doing My Will with a Will Kit

Discussion in 'Wills and Estate Planning Law Forum' started by Eveline Dannenburg, 17 April 2015.

  1. Eveline Dannenburg

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    Hello,
    I live in Tasmania and I am about to fill in my diy form to write my will with a 4-in-1 will kit
    2 questions arise:
    1: I have been separated for the last 10 years but never officially divorced. My last husband was not the father of my children. With or without a will, would he still be legally entitled to any of my inheritance if I die?
    2: I like to write in my will that both my children will equally inherit the whole deceased estate, but on the form there is only room for one name. Is it possible to leave my whole estate to both of them and why would there be no provisions made available on the form for this.
    Anybody who can answer these questions?
    Kind Regards
     
  2. Tim W

    Tim W Lawyer

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    ------------------------------------------------------------------------
    DISCLOSURE: I am opposed to DIY Will Kits
    ------------------------------------------------------------------------

    The short and simple answer is... potentially, yes.

    There's a bit of law in Tasmania called the Testator's Family Maintenance Act 1912
    that makes it possible for him to make a claim on your estate
    (how likely it is that he will be successful is a separate question).

    Let me say, it sounds like your life and circumstances
    are already too complex to take the risk of a DIY Will Kit.
    I urge you to see a solicitor and to have a will prepared
    by somebody who knows how.
     
    ClareB and Eveline Dannenburg like this.
  3. winston wolf

    winston wolf Well-Known Member

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    If you are not divorced then you husband has the right to claim on your estate.
    A divorce is NOT just a formality, get a divorce.

    I would suggest if you are having trouble with the will kit then a kit is not the way to go for you.
     
    ClareB, Eveline Dannenburg and Tim W like this.
  4. ClareB

    ClareB Well-Known Member

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    I agree with the above posts. If you are concerned about lawyer fees, it is a common occurrence that lawyers will offer a discount if you "bring a friend" that also needs a Will drafted.
     
    Eveline Dannenburg likes this.

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