VIC How to minimise chances of a successful contested will

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Robert6

Member
20 April 2018
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G'day.

I'm the nominee of my parent's will. One of my siblings has been left out of the will with an explanation (he is estranged). The original will was written some 14 years ago and updated about four years ago. Recently, however, he visited and told them he wanted a good inheritance. He then followed that up with a letter making fiscal demands and indicating his intention to contest the will (his partner who was also estranged from his father had recently come into a large inheritance).

He has maybe seen my parents 8-10 times over the last 37 years, with most of those occurring in the last two years. Any advice? My parents are in their late 80's and feel bullied and are quite upset. Thanks in advance.
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
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830
2,894
Sydney
It's very simple.
Your parents, who, ideally, would each have separate wills, should engage a solicitor
who will prepare documents that accurately reflect "their wishes" (lawyers call this their "testamentary intent").

Drafting a will that is resistant to a Family Provision claim is not something that you do on a form from the newsagents.