IS YOUR WILL RE­ALLY YOUR LAST WORD?

Style Magazine - - Promotion - BY AMANDA SCH­MIDT - DI­REC­TOR, KENNEDY SPAN­NER LAWYERS

An­nie’s fa­ther had died and, when his Will was re­vealed, she learned that noth­ing had been left for her.

When An­nie at­tended upon lawyers she found that a Will might not be the last word be­cause without care­ful cre­ation it may not stand up to her chal­lenge.

Typ­i­cally, when some­one has been left out of a Will, or be­lieves they did not get as much as they think they should have, they con­test the Will.

An­nie could do this be­cause, de­spite be­ing an adult, she was a child of the Will-maker.

Other peo­ple who could chal­lenge the Will would be a spouse (in­clud­ing, in some cir­cum­stances, a for­mer spouse) and any de­pen­dants of An­nie’s fa­ther.

Be­cause An­nie’s chal­lenge is in Queens­land she will need to no­tify the Ex­ecu­tor of the Will within six months of her fa­ther’s death and file her court pro­ceed­ing within nine months of her fa­ther’s death.

If An­nie does not give that no­tice the es­tate might be distributed.

If she doesn't com­mence that pro­ceed­ing in time she will need to seek per­mis­sion from the court to do it out of time.

To de­ter­mine the suc­cess of An­nie’s claim, the spot­light will be on what she has al­ready re­ceived from her fa­ther whilst he was alive, what her unique cir­cum­stances are, how much is in the es­tate, any other claims be­ing made and what her re­la­tion­ship with her fa­ther was like.

An­nie’s unique cir­cum­stances will in­clude her health, fi­nan­cial po­si­tion, in­come or in­come-earn­ing ca­pac­ity and whether she has de­pen­dents.

If you are like An­nie and have been left out of a Will, or have not re­ceived as much as you think you should have, con­tact an ex­pe­ri­enced Wills and Es­tate lawyer and find out where you stand.

Newspapers in English

Newspapers from Australia

© PressReader. All rights reserved.