Dealing with your estate as you wish is very important and in many situations may be affected by emotion. If a family member is omitted, for whatever reason, there is strong possibility that they may make a claim against the estate.
In this event, Peter Fisher Lawyers can advise the executor of the estate or the omitted family member in how to deal with the claim and negotiate an outcome that satisfies all parties concerned.
When a family member is omitted from a will or receives a less substantial bequest than expected, emotionally charged disputes can arise. Peter Fisher Lawyers is experienced in negotiating from both perspectives and can help you achieve a result which satisfies both parties. We also specialise in resolving disputes surrounding the effect and validity of wills so that the wishes of the will-maker are respected.
Clients sometimes express concern that potential beneficiaries might assert that they should have received a greater share of an estate. In South Australia people who are permitted by law to challenge a will include the spouse, de-facto, children, grand-children, former spouses, or dependants of the deceased.
Challenges often arise where there has been a second marriage in the family or a breakdown in relationships between parents and children.
There are certain measures that can be considered to lessen the chances of a dispute, but beneficiaries and would be beneficiaries still may opt to challenge the terms of the will.
These measures include:
Use a binding nomination so that proceeds are paid to beneficiaries directly.
Ensure that the nominated beneficiaries for life insurance are those you want to benefit.
Assets owned by trusts are not subject to a Will. Transfer the control of the trust structure to the proposed beneficiaries
Leave a list of gifts already made to prospective claimants and detail why their inheritance is limited.
Binding Financial Agreements
A financial agreement continues to operate after death of a party, and may be binding on that party’s legal personal representative.
Gifts made while still alive
In South Australia, claims may only be made against the assets in your estate at the time of your death. If you have gifted your assets prior to death, then those assets are not treated as estate assets. The situation may be different in those states that use the concept of a notional estate.