Contrary to popular belief, drafting a Will is not a straight forward exercise.
Changes in the law brought about by the Succession Act requires the Court to consider whether or not you have made adequate provision for those persons entitled to a share in your estate taking into account their financial circumstances.
Blended families are an increasingly common feature of modern society. That is, where persons are either married or living as partners and either or both of them have children from previous relationships. In such circumstances, it is important that you receive proper legal advice regarding your obligations to children, step-children and children from your partner’s previous relationships.
Have you been left out of a Will? You may be able to challenge the Will by making a Family Provision Claim. In the last few years there have been a number of important decisions dealing with the obligations of a parent in relation to estranged children. The Court will take into account how long the parties have been estranged and the reasons why the relationship broke down in the first place.
At Capitol Legal we understand the importance of obtaining comprehensive instructions to ensure that your Will reflects your wishes while at the same time minimising the risk of a legal challenge. Litigation inevitably leads to a great deal of stress for family members and, in many cases, the incurring of substantial legal fees. These factors can impact on the assets available for distribution to your intended beneficiaries.