NSW Removing a beneficiary from will

[Julee]

Here is the situation:
A will was settled 5 years ago where the beneficiaries were step parent and step child. Step child received a reasonable and generous settlement considering the circumstances. Relations between the two improved significantly - previously there was no contact at all - the step parent then was advised that they should leave something to the step child in their will as they could very easily make a claim if the step parent passed within 5 years. They did this and emailed the party telling them. Since the settlement, communication is down to nil. There has been one instance where they needed money. The step parent loaned the money but did not document via email to them that the funds were a loan not a gift, and of course the step child never paid them back.

Here is the question:
The step parent has now decided to remove them from the will as they are just not interested in having any type of relationship with the maternal arm of their family. Given they had emailed them a number of years ago advising of the gift being included in the will, would the step child have grounds for a claim due to the email and "gift" of money provided to them a few years back?

 

[Rob Legat - SBPL]

Possibly, but it depends on too many unknown factors - including the length of time between last contact and the testator’s death. In changing the will, it may be best then to (a) explain the situation as to why there is no bequest given, and (b) possibly forgive the ‘debt’ while carefully explaining that it was a loan.

 

[winston wolf]

I don't think the "promise" is material. Assuming the will is challenged using the Family Provision section of your state Act then the court will decide (or more likely the executor will settle) what the stepchild needs depending on the size of the estate, the "quality" of the relationship and the childs "need".
At worst the previous will (if there was one) will support their claim that you at some point thought them deserving of a bequest.