VIC Will leaving property to step daughter

[Destiny]

Hi
I had moved into a joint property with my partner and his Will states basically that all furniture is to be left to his daughter.
The furniture was all replaced brand new at my cost. I have receipts to prove purchases.
Can daughter/or executor demand it be removed to them, if something does happen to my partner first and Will not changed.?
Would I need to therefore contest the Will?
Thanks

 

[Nighthelyn]

Dear Destiny,

To avoid problem in future, the best and simplest thing to do is to ask your partner to update his will.

Legally speaking, a testator can’t bequeath something that he does not own so in theory you can say that the furnitures belong to you because they have been replaced by you. But in practice, in a relationship it is not always that clear cut. Unlike say a house with a title deed in your name, having a receipt is not really always conclusive - I mean look at your receipt, does it show that it was purchased with your money (instead of say cash, or from an account jointly held by your partner)? Does it describe the furniture you say you own? If you have a bad relationship with his daughter/executor, then dispute may still be possible and If an executor is aggressive about it, they may try to do things like for example take away all the furnitures to another location, and say the furnitures are theirs per the will, and it may take you effort/money etc to prove otherwise.

Other instances when one should consider updating the will are - if there has been a major purchase or sale (e.g. a block of land) or major change in circumstances (start a relationship, stop a relationship).

Good luck!

-Nighthleyn

 

[Destiny]

Hi Nighthelyn
I am very pedantic with record keeping and clearly state from funds via my individual accs, or show transfer from the joint (which was initially funds from my property only when sold) to repay my card.
Daughter(also an executor) is very selfish and possibly could cause problems.
In this case therefore can she be stopped in anyway from removing items until proof settled, if she attends property to demand them ?

I fully understand the need to update Wills and have done so for my own.
Thanks