Introduction
In Victoria, a Will can be challenged by any person who believes that the deceased had a responsibility to make adequate provision for them in their Will. The claimant must also show the Court that they have a real need for further provision. If the Court is satisfied that the deceased did have such a duty to the claimant, it will then decide on the size of the provision that should be made.
Even though such a challenge is possible, you should still ensure that you have a valid Will. A Will sets out your wishes as to how you want your estate to be distributed. If properly drafted and executed, it can minimise the likelihood of such challenges, be tax effective and leave your beneficiaries with a less complicated estate to manage.
If you do not have a Will, you are allowing the parliament of the day to distribute your assets for you, which may not necessarily be what you want and may not take into account the needs of your beneficiaries.
How Sharrock Pitman Legal can assist
At Sharrock Pitman Legal, we have an Accredited Specialist in Wills and Estates law. Please feel free to give us a call on 1300 205 506 or send an email to sp@sharrockpitman.com.au to discuss your options.
The information contained in this article is intended to be of a general nature only and should not be relied upon as legal advice. Any legal matters should be discussed specifically with one of our lawyers.
Liability limited by a scheme approved under Professional Standards Legislation.
Binay Prasad is a Senior Associate of Sharrock Pitman Legal and an Accredited Specialist in Wills and Estates law.
Binay has over 10 years of experience in the field of wills and estates and has a particular interest in complex estates involving business, family trusts, and SMSFs. Binay also has experience in family law, which complements his wills and estates practice. For further information, contact Binay on his direct line (03) 8561 3329 or by email, binay@sharrockpitman.com.au.
