A will is a legal document which sets out how your property is distributed after you die and whether a guardian is to be appointed for your children.

A will should reflect your domestic and financial situation and should be revised every five years or in the event of a life change such as marriage, the birth of a child or the death of a family member.

A will may be affected in certain circumstances such as:
– a will made before marriage is not valid
– separation (but not divorce) from a spouse does not affect the will
– any gifts to your spouse or their appointment as executor are automatically revoked on divorce

If you have a child, it is important to appoint a guardian and to review your will if your appointed executor dies or becomes incapacitated to carry out his duties under your current will.

For advice or to assist you in reviewing your will contact us on +61 3 9832 0608 or email us.

Contesting a will

A will may be contested or challenged on the basis that:
– it was incorrectly executed or was tampered with
– it was executed under pressure from others or on the basis of incapacity of the will maker
– the meaning of the will is unclear

The court may also make a maintenance order if there is not sufficient provision for any person that the deceased had an obligation to provide for.

An application for a share or an increased share in an estate on the basis that the deceased had a responsibility to provide for proper maintenance and support and did not do so may be made by:
– domestic partners
– stepchildren
– people who cared for the deceased

An application must be made within six months of probate being granted.

For advice on challenging a will contact us on +61 3 9832 0608 or by email.