Category: Estate Planning

Do I Have The Right To Challenge A Will?

Wills can be complicated legal documents which have the power to change people’s lives forever – in both good and bad ways. Unfortunately, you might not always agree with the contents of someone’s will once they’re passed away, especially if they haven’t left you an inheritance that you feel you’re entitled to.

But, there are a few things that you can do. In some cases, you actually do have the right to challenge a will in Australia, and I’m going to look at this in more detail through the rest of this article.

It’s important to note that different Australian states have slightly different laws when it comes to writing a will and a person’s ability to contest a will. Because of this, I’ve used Victoria as an example through the rest of this article. But, the rules are similar throughout most of Australia.

Why Would I Want To Contest A Will?

Generally, people contest a will when they either feel like they’ve been left out, despite deserving at least some inheritance, or when they feel like too much has been left to certain parties. Some common situations involving will disputes include:

  • When a large portion of a person’s estate is left to a relatively new partner.
  • When a person’s will may have been influenced by another person or people with a vested interest.
  • When you feel that you’ve been unfairly excluded from a person’s will.

Ultimately, it doesn’t always matter how much you want to contest a will. You do have to meet certain criteria before you’re even eligible to.

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What Is Estate Planning And Why Should I Think About It When I’m Writing My Will?

If you’re thinking about writing your first will and putting your affairs in order to simplify things for your loved ones in the case of your passing, you might have heard about estate planning. It’s a term that pops up from time to time, but most people don’t really understand what it means.

It’s important to understand that estate planning is not the same thing as writing a will. If you’re interested in finding out more about it and whether or not it could work for you, you should speak to a financial planning specialist.

However, I’ve put together a quick guide to estate planning and when it should be used to help you get started.

What Is Estate Planning?

Put simply, estate planning involves putting together a detailed plan for your estate in the event of your passing. It’s designed to make sure that the right beneficiaries receive what’s intended for them, to reduce the amount of tax you pay as much as possible, and to make sure that any minor children are taken care of.

Your estate effectively includes everything that you own. This stretches through physical assets, digital assets, property, cash, and anything else with financial or monetary value.

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