VIC Will this will stand up ?

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underover

Member
30 June 2021
1
0
1
Situation is this , parents and good siblings all have passed away , only left is myself and 1 brother , no relationship with this guy
( ironically only see him when other family passes away and he turns up to see what he can get out of this for himself , challenged fathers will , i settled it out of court , ok , fine , done , all over etc )
So im left , I have no children or partner .
He is married with four adult children . ( and apparently some debt )
So i recently made my will though state trustees here in Vic , made them my POA , and left my unit , super etc to 4 different charities .
Is this will strong ? , i mean this guy has form in challenging a will , and history of seeing what he can get out of dead people , i know it wont matter if i am not here , but just what like to know if it i wasted my time and him or kids can just take everything they want though some "poor me , im broke, im a fool , my health is poor affidavit .
Thank you
 

Docupedia

Well-Known Member
7 October 2020
378
54
794
The common, but by no means fool proof, tactic when not leaving anything to family is to:
- Explicitly spell out in your will that you are not making any provision and why; and
- Back that up with a statutory declaration (which can be tendered as evidence under oath - albeit not that you can be cross-examined on).

Since he's your brother and not your dependent, it may be a different matter. However, we're talking about a situation where you won't be around to remedy things - so erring on the conservative side may be a suitable price for peace of mind.