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QLD Explanatory Letter to Prevent Beneficiaries from Contesting a Will?

Discussion in 'Wills and Estate Planning Law Forum' started by MangoLover, 4 October 2016.

  1. MangoLover

    MangoLover Active Member

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    Is a short letter explaining why certain beneficiaries received less benefits and noted as to be read with the will, regarded as a codicil, or just a letter of explanation, (apparently) to guard against those beneficiaries contesting a will?

    They had received considerable benefits many years prior and had very little contact with the testator for nearly 30 years following her death.
     
  2. SamanthaJay

    SamanthaJay Well-Known Member

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    I believe a codicil can be used to explain something in the Will, so as long as it has been signed and witnessed in the same manner as is required for a Will, then I think you have yourself a codicil.
     
  3. MangoLover

    MangoLover Active Member

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    Thanks Samantha, that's what I thought. I think I will treat it as a codicil because if it is not, I think they will ignore it as such, but if it is regarded as a codicil and I don't include it as an Exhibit, then there could be delays down the track; ALTHOUGH, the letter was not witnessed in the same way as the will, so may not be regarded as an official part of the will?? Very confusing!
     
  4. SamanthaJay

    SamanthaJay Well-Known Member

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    It does need to be signed and witnessed in the same manner as a Will.
     
  5. MangoLover

    MangoLover Active Member

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    Okay, so in that case, it would seem that it is a precaution taken by the testator and not a codicil. She did tell me that she was told by the legal team to write the letter explaining the reduced benefits so that those people could not contest the will, as it would then be obvious that she clearly knew what her intentions were and her reasons for them.
     

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