After 25 years of legal practice, we have come across a lot of myths about wills and common misconceptions that people have about Wills. Here are some of the common myths about wills we hear frequently. Myths about wills #1 – My wife and I can just make one “joint will” Many a couple will …
Wills

After a major event in your life it may be time to review your will. Events such as buying a home, divorcing, remarrying, having a new child, adopting a child, change of business structure, becoming self employed, selling major assets, or starting a self managed fund may not have been considered when you originally made your will. …

In Victoria, it’s not just anyone can challenge a will if they were left out or didn’t get what they felt was a fair share in inheritance. You have to be an eligible person before you can challenge with such a claim. Only some classes of people related to the deceased can challenge unfair wills “eligible …

I am seeing a lot more adult children excluded from benefiting from a parent’s will these days. According to the parents it is often for good reason. New legislation requires the Court deciding disputes over wills, to have regard to the deceased’s reasons for making the will, but in particular- if there is any evidence …

According to the Victorian Wills Act 1997: (1) The divorce of a testator revokes— (a) any disposition to the divorced spouse of the testator, made in a will in existence at the time of the divorce; and (b) the grant of a power of appointment by the will exercisable by or in favour of the …

At our local Melbourne office of Rigoli Lawyers we are preparing wills and powers of attorneys all the time but it never ceases to amaze me how many people are doing their “own home job” wills and powers of attorney. While I can understand they want to save money, what is overlooked is the costs …

The new Powers of Attorney Act 2014 (Vic) (Act) comes into effect as of 1 September 2015. There are new prescribed forms that need to be used from that date onwards. There are now 4 powers of attorney Non-enduring powers of attorney (previously called general powers of attorney). Enduring powers of attorney – personal (previously enduring guardianship power). …

In 1998, Victoria introduced the Testator’s Family Maintenance claim through Part IV of the Administration & Probate Act 1958 (Vic) (“the Act”). This allowed a person to seek either provision from a deceased Estate or an increase in their provision. The definition of ‘eligible person’ was wide-ranging allowing a diverse group to apply therefore increasing …

Common questions about deceased estates and what executors need to do: Many people do not know where to start after the death of a loved one. Family members or close relatives will often not know where the last will is. Common questions about how to organise the probate are answered here: Was there a will? …

The law in Victoria has not yet changed and the following cases show examples of successful challenges of wills by grandchildren. Remember, you have 6 months from the grant of probate of the will after death, to use the court to challenge a will. In the case of Re Davies a grandchild was successful. This was almost …
