VIC mother's will

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Alison Shaw

Active Member
23 October 2018
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I am trying to persuade my 93 year old mother (who is perfectly competent) to make a new will. Her existing will leaves her estate to me and my sister in equal shares. My sister died a month ago, she was my only sibling. Apparently the will does not encompass the possibility that one of her children would pre-decease her. Mother told me that she wants me to give $10,000 to each of her grandchildren (my two sons and my sister's two step-sons) and that I should inherit the rest. I want her to make a new will to reflect that. She feels - correctly - that I can be trusted to give the money to her grandchildren and that since my sister is dead I will automatically inherit the rest. Is this the case?
I also feel that she should make provision for the distribution of her estate in the event that I pre-decease her. She says that she can't bear to think about that... would her four grandchildren be treated equally if she dies effectively intestate? They are equal in my eyes (and theirs) but does the law see step and the ordinary variety of grandchild equally?
Thank you
 

Tim W

Lawyer
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28 April 2014
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When "the circumctances" change, it can be a good idea indeed to make a new will.
A bit of effort now will go a long way towards avoiding dispute among survivors later.

In technical terms, what you want to avoid is intestacy, or partial intestacy,
arising from life events overtaking the current document; and
to make an accurate record of her (as lawyers say) "testamentary intentions".

You may care to suggest to her that making a new will, will help avoid future confusion,
accurately reflect her intentions, and be something concrete that she can do now,
to ease the inevitable pain and the burden after she's gone.
It's certainly something she should do sooner than than later,
given that she may lose capacity at any time.

It's certainly possible to word a will in such a way that it is clear, technically valid,
and provides for... alternative scenarios (even unpleasant ones).
It is, however, a job for somebody who knows how.
Take her to a solicitor.
 

Alison Shaw

Active Member
23 October 2018
5
0
31
Thank you for clarifying the situation. I will do my best to persuade her to go to her solicitor and make out a new will. I would FAR rather she had a will that reflects her wishes; it's her money.
I am not comfortable with "Oh you do this or that." I would certainly do it, but I but I may misunderstand or others in the family may be uncomfortable and see me as interfering.