Firefly, if you leave a child out of a will they can contest it, if you leave them $1.00 my understandiung is they can't as you have left them what you wished.
If they think they have not been left enough they CAN contest the will, hence my post above.
Ma said
01:34 PM Mar 20, 2011
Delta18 wrote:
Happywanderer wrote:
Firefly, if you leave a child out of a will they can contest it, if you leave them $1.00 my understandiung is they can't as you have left them what you wished.
If they think they have not been left enough they CAN contest the will, hence my post above.
You are spot on Delta. If you leave one child a nominal amount then you have to "QUALIFY" WHY you are doing so. Even then they may be able to contest your will.
There is no will made that can ever be water tight.
There is also a very good saying in the legal fraternity.......YOU CAN'T RULE FROM THE GRAVE.
Maddie said
02:05 PM Mar 20, 2011
Curious about the TT program participants saying their kids can have their house. If the couple need aged care they will have to sell their house to fund their pwn aged care. Centrelink now take the family home into account when tallying all assets for care. User pays society now ! Kids cannot expect to get much with these changes.
Just going through the exercise with aged parent and have six months to sell the house. All proceeds go to the aged care facility in an interest free loan situation and children will then receive any balance left over on their parent's demise. I believe there is a bottom limit to the amount taken by the care facility.
So I am curious as to how these TT people are going to have their house to their kids - unless of course they die on their travels and that would make it simple!
colsa said
02:57 PM Mar 20, 2011
Thank you for giving us the real version of Abagails story. As for spending our kids inheritence, our 3 kids are all paying off their own homes & good luck to them, the closest we've ever come to owning our own home is the van we live in & guess what we wouldn't have it any other way.
Firefly said
03:01 PM Mar 20, 2011
Yeah guys I kinda figured on something like that being the case but I will work hard at making sure she gets nil. Having said that, there could be a turn around in her life, which I pray for everyday, and society may have another decent participant.
I won't hold my breath as I wait though.
colsa said
03:15 PM Mar 20, 2011
You & I are the truley lucky ones, we have 3 kids, in 3 states & 7 grandkids under 8 & they are what keeps us going at times. I have a lot of medical problems & on dissable pension hubby is my carer, we spend our life travelling, never staying with the kids but spending a lot of time with them, we have to go to all the cricket, footy games swimming etc etc, they are not happy if grandma & grandad don't go. My mum died last year we were in victoria & didn't have the funds to go straight home to mackay so our daughter put money into our account without even asking if we needed it & the 2 boys rang & offered, when i see how some of our friends kids treat them i know how lucky we are.
Sheba said
03:48 PM Mar 20, 2011
Speaking from experience, a child can contest the will if he/she thinks they have been infairly treated, unless the Law has changed since 2006. [In Qld. at least.]
I know of a case where the Stepmother and younger half-brother were going to inherit the majority of a Multi-million Dollar Estate, and the first family children were getting a pittance by comparison. The Court made sure the older children, even though Adults, were "reasonably provided for." [Court Terms.] IE had Homes, plus a little over.
Cheers, Sheba.
-- Edited by Sheba on Sunday 20th of March 2011 03:51:08 PM
Vic said
09:39 AM Mar 22, 2011
Maddie wrote: So I am curious as to how these TT people are going to have their house to their kids - unless of course they die on their travels and that would make it simple! Welcome to the forum Maddie. Not all people die in a nursing home. Many die in their homes or in a hospital without entering a nursing home. In that case the kids would get their home. I agree that if they are in a nursing home then it becomes complicated in regards to how much is left etc.
If they think they have not been left enough they CAN contest the will, hence my post above.
There is no will made that can ever be water tight.
There is also a very good saying in the legal fraternity.......YOU CAN'T RULE FROM THE GRAVE.
I won't hold my breath as I wait though.
I know of a case where the Stepmother and younger half-brother were going to inherit the majority of a Multi-million Dollar Estate, and the first family children were getting a pittance by comparison. The Court made sure the older children, even though Adults, were "reasonably provided for." [Court Terms.] IE had Homes, plus a little over.
Cheers,
Sheba.
-- Edited by Sheba on Sunday 20th of March 2011 03:51:08 PM