Estate Planning - Contesting a Will Leaving Estate to One Child?

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13 June 2014
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If a person has three children and only one of those children has done the right thing by the parent, and the parent wants to 'Will the whole of their estate' to that child, would the other two children legally be able to contest that will?

If so, I have heard the way around this is to include the other two children in the Will, giving them a very tiny inheritance from the estate.

For example (not sure of the correct wording):
Child one, I leave $1000.
Child two, I leave $1000.
Child three I leave the rest of my entire estate.

Can you please advise how this is legally done?

Many thanks.
 

haiqu

Well-Known Member
12 June 2014
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This won't prevent a challenge if the first two children feel they haven't had a "fair share."
 

Paul Cott

Well-Known Member
LawTap Verified
26 May 2014
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Ballarat, Victoria
Christine,

Haiqu is right. The right to challenge a will basically cannot be taken away, by any method, including by the way the will sets out the entitlements.

Nearly anyone can challenge a will by arguing basically two things, that the deceased had a duty to provide for the challengers, and the challengers have a financial need that should be met by a provision from the will.

Hope that helps.
Paul.
 
13 June 2014
3
1
4
Christine,

Haiqu is right. The right to challenge a will basically cannot be taken away, by any method, including by the way the will sets out the entitlements.

Nearly anyone can challenge a will by arguing basically two things, that the deceased had a duty to provide for the challengers, and the challengers have a financial need that should be met by a provision from the will.

Hope that helps.
Paul.


Thank you for you reply much appreciated
 
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winston wolf

Well-Known Member
21 April 2014
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Adelaide
changefpa.com.au
There are some ways to get around what is called "Family Provision". It depends on what state you reside and what kind of assets you have.
I'ts only possible in NSW by going to extreme lengths that I wouldn't recommend.
 

Tim W

Lawyer
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28 April 2014
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Or you could put it all in a simple testamentary trust.

Look, when you come down to it,
drafting a Family Provision claim-resistant will is a job for a solicitor.
Trying to do it with a Will Kit from the newsagent is a sure path to mayhem.
 

winston wolf

Well-Known Member
21 April 2014
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Adelaide
changefpa.com.au
Unfortunately the above has a serious error.
It states
" Courts could make exceptions by safeguarding the rights of dependants including children provided they satisfy certain criteria"
It is not a requirement in most states that you be a dependant to make a claim on an estate for better provision.