LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

NSW How to Ensure Stepmother's Will Does Not Change?

Discussion in 'Wills and Estate Planning Law Forum' started by JackBaron, 8 March 2016.

Tags:
  1. JackBaron

    JackBaron Member

    Joined:
    8 March 2016
    Messages:
    4
    Likes Received:
    0
    My father recently died and he has left everything in his will to his wife. The will stated that in the event of his wife dying prior to him, the estate would be split 50% to me and 50% between her children. The will was prepared in the last year after the diagnosis of his illness. I am confident my step-mother's will states virtually the same thing.

    I live a reasonably comfortable life and do not have a great need right now. I am happy for my stepmum to retain the house and her lifestyle, but am also very confident that she will change her will to exclude me and probably also re-marry.

    Is it possible to obtain a copy of her will now? Is it possible to obtain some sort of order that her will cannot be changed as it is obviously the wishes of my father that 50% of his estate eventually be passed down to me?
     
  2. Sophea

    Sophea Well-Known Member

    Joined:
    16 April 2014
    Messages:
    2,300
    Likes Received:
    334
    Hi JackBaron,

    Your father and stepmother could execute mutual wills whereby they contract with each other, binding each of their Executors and Estates that neither of the Willmakers will alter their Wills after the death of the first to die. This gives you the comfort that on the death of the first of you to die, the survivor cannot change their Will and alter the provisions that provide for the specific beneficiaries that you have each chosen to provide for.

    They can be drafted to make sure that such promises can be made to relate only to your joint assets at the time of the death of the first to die. If they are correctly drafted, the survivor is still free to accumulate other assets after the death of the first to die and make a second Will that deals only with those assets.

    I would speak with an estate lawyer about it.
     
  3. JackBaron

    JackBaron Member

    Joined:
    8 March 2016
    Messages:
    4
    Likes Received:
    0
    Thanks Sophea for your reply - I am seeing a lawyer tomorrow. Just to clarify my father has died already. I have his will and there is no mention of it forming part of a "mutual will". I'm just assuming my stepmother would be the same as I'm sure he would have insisted.
     
  4. Sophea

    Sophea Well-Known Member

    Joined:
    16 April 2014
    Messages:
    2,300
    Likes Received:
    334
    Sorry! I must have misread your initial post. I think your options are limited if he has already died, but speak with your lawyer about it.
     

Share This Page

Loading...