I don’t what someone to inherit anything in my will.
How can I do that?

Make an appointment

This may be the result of conflict in the family which results in the parents and child/children not having contact for a very long time, step-children who have never engaged with their step mother or step father or due to offending or violent conduct by the child toward the parents.

Another common issue is a child who has received many or large loans from the parents and has refused to repay the parents.

Contact Mahendra

The parent, when excluding children or stepchildren is advised to include a statement in the will as to why the person making the will has left them out.

However, this does not prohibit the excluded spouse, child or step-child from making a claim against the estate. This claim is a provision in the Succession Act 1981 (Qld), which provides that a defendant may make a claim if they are in need of better or further provision from the Will (this may include a de facto spouse or an adult child/step-child).

There is significant case law around this issue, and the claim will need to be dealt with by the executor. The claimant will have to show that they have a real need, by way of financial hardship or illness or physical or emotional disability which requires financial support which the claimant is unable to provide from their own means.

It is important to seek estate planning advice from a solicitor before making your will to ensure that you are aware of the impact a claim of this nature may have on your estate and the other beneficiaries of your Will. There are some options which may be available to you to minimise the effects of such a claim, by better planning the ownership of your assets and what happens to them after you die. Seek legal advice before you take this step in making your will.

For more information, please do not hesitate to contact us at Big Law Solicitors on (07) 3482 6999 or email us at mail@biglaw.com.au.

At Big Law we provide holistic legal solutions to legal matters.

Information & Helpful Tips

estate planning

How to Construct an Estate Plan in Queensland to Cater for Blended Families

| Wills and Estates | No Comments
Australia’s 2016 Census found that ‘blended’ families – where one or both partners with children have remarried or repartnered – accounted for 3.7% of the nation’s families.
estate planning

How to Get the Most Out of Your Estate Planning Appointment

| Podcasts, Wills and Estates | No Comments
In this podcast, Strathpine Estate Planning Lawyer, Mahendra Mohan discusses a very important document that your executor needs to know about.... listen to the podcast
I made my Enduring Power of Attorney prior to 1 June 1998

What if I made my Enduring Power of Attorney prior to 1 June 1998?

| Wills and Estates | No Comments
If you made your Enduring Power of Attorney prior to 1 June 1998 using a Form 16A (pursuant to the Property Law Act 1974-1990), then we strongly recommend that you…