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NSW Who is Entitled to Estate?

Discussion in 'Wills and Estate Planning Law Forum' started by John Calder, 15 October 2014.

  1. John Calder

    John Calder Member

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    A man had four children who were sole benefactors in his will. One of his sons died and he changed his will to include only the three remaining children. Is the children of the deceased son entitled to claim anything now that the new will has been made excluding him from it.
     
  2. winston wolf

    winston wolf Well-Known Member

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    What do you mean by "claim anything"?
     
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  3. John Calder

    John Calder Member

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    Thank you for your response Winston. In this case there will be a dwelling and a small insurance left to the three remaining children who are now sole beneficiaries of the will. The father wants the proceeds of the sale of his assets to be equally divided between his three remaining children. Do the children of the deceased child, (who is no longer on the will) have a claim on any of these assets.
     
  4. winston wolf

    winston wolf Well-Known Member

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    The grandchildren could make a family provision claim, but claims by grandchildren are a long shot.
    They would need to prove that the testator owed them support. Say they had lived with the testator at some time or he helped them with expenses.

    Funny enough the more he assisted them the more the estate is expected to provide for them.
     
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  5. John Calder

    John Calder Member

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    Thank you Winston that clears the issue up.
     
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