What happens when you don’t have a valid (and current) Will …

My last blog entry (https://www.weinberglawyers.com.au/single-post/2017/03/03/Keep-your-eye-on-the-prize-and-beware-of-Karma) described the consequences of unchecked sibling rivalry, which often leads to a court fight over a parent’s Will. A surprise ending to that story was that John (the brother) chose to not leave a valid Will. What John did leave was a note that provided my name and details as his sole contact person (with no mention of his sister, Jane). However, that fell far short of a Will. So, with Jane as his only next of kin, and despite his apparent wish to exclude her from his estate, Jane (and not the person named on his final note, namely me) inherited John’s entire estate. Th

Keep your eye on the prize (and beware of Karma)!

“There’s no fight quite like a family fight”, and “sibling rivalry is a special kind of conflict”. I acted in a case where the surviving parent (a father) died and left a Will. The Will made both surviving children, let’s call them “John” and “Jane”, equal executors and beneficiaries to the father’s estate. John and Jane could have, cooperatively and peacefully, divided the estate between themselves and, as fairy-tales conclude, “lived happily ever after”. That was not to be. I acted for John. Their decades-long hostility for each other led Jane to exclude John from any involvement in the probate and distribution of the estate. As John’s lawyer, I needed to ensure that he became and remained

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