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NSW Estate Planning - Leaving Money to Daughter in Will?

Discussion in 'Wills and Estate Planning Law Forum' started by Elainedesmi, 29 March 2015.

  1. Elainedesmi

    Elainedesmi Member

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    I would like to know if you haven't seen or heard from your daughter for 20 years, do you need to leave them anything in your will?
     
  2. Ivy

    Ivy Well-Known Member

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    Hi there,

    You are under no obligation to leave anything to any particular person in your will. However if you don't have a will or if your will is not legally valid, then your relatives, including your daughter, may be able to make a claim on your estate.
     
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  3. winston wolf

    winston wolf Well-Known Member

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    The court does not consider estrangement a valid reason to not provide for a child(regardless of age).
    If you die and she finds out within 12 months(longer with the courts permission) she may make a claim in the on your estate for further provision. She would need to prove that she has need for provision and that the estate can afford to make provision.

    I would not have a will without mentioning your daughter as she could claim that you forgot about her and would have provided for her if you new her situation.

    This is called a family provision claim.
     
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  4. bluetongue

    bluetongue Well-Known Member

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    I agree with Winston. If you do not wish to leave anything/much to your daughter, I would suggest that in your Will you provide a good, clear explanation of your reasoning for doing so, so that a judge is aware of your decision making reasons for omission. Remember though, that your Will most likely can be viewed by your daughter upon her request to your executor after you die.
     
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