VIC written out of parent's will, share left to my kids instead....

[simark]

Hi

I recently found out my parent, while annoyed with me, chose to rewrite the will leaving my share (I have other siblings) to my young children in the form of trusts for them when older.

Is it possible to contest this and be awarded my share rather that it bypassing me to my children??

My siblings are considerably better off financially than I am and the money would help significantly to reduce debt stress etc.

Any advice welcome..

Kind regards

 

[Tim W]

Is it possible to contest this and be awarded my share rather that it bypassing me to my children??

Not until the parent is dead.
In Victoria, the process is called making a "Testators Family Maintenance Claim"
(or just "TFM claim").
In other states, especially NSW, and frequently here on these pages,
you will often see the term "Family Provision Claim".
Pretty much the same thing.

It's becoming increasingly common for testator grandparents
to by-pass their own child, and provide expressly for grandchildren
using trust arrangements.
And it can be a very good idea.

Making these applications is expensive, time consuming,
and often disrupts relationships in the family
(or, makes already difficult things worse),
at an already difficult time.

If must consider it have a read of this first.
(I don't work for them, I just think it's a good starter/ explainer page).

 

[simark]

Hi and thanks for the reply,

This arrangement in the will does not apply to my siblings just me. Originally I was in the will as an equal beneficiary but he got grumpy with me and changed it! He is terminal and recently tried to change it back but he was told he cant sign it because of the medication he is on.

Anyway is this something that can be sorted out in mediation with minimal cost to me...??

 

[Tim W]

...but he was told he cant sign it because of the medication he is on.

Can be true. Told by whom?

Anyway is this something that can be sorted out in mediation with minimal cost to me...??

The only person who can change their will is the testator. The testator's capacity is in question.
Time for you to seek formal, case-specific legal advice.