Updated: Nov 25, 2020

By Lisa Salerno-Ruggero 

You need to talk to dying relatives about their Will. When someone is dying, it is very, very hard to talk about dying let alone talk to them about their Will.

It is important to have this conversation because there is a lot that can be done in relation to their Estate before someone passes away as opposed to afterwards.

What should happen is that if there is one child who has been left more than the other, then that parent needs to explain the reasons to the child.  It is much better if it comes from the parent rather than the child finding out later that one sibling receives substantially more than the other.

Sibling rivalry, when it comes to Wills, Estates and Probate, is rife.  The Supreme Court of New South Wales is full of matters under the Family Provisions Act. There are so many waring families in the Supreme Court of New South Wales over bequests in Wills.  A lot of children think their parents are going to leave the Will equally to all of them and then find out after the parent has died that they have either been left out or left with a nominal amount.

It is imperative that you speak to any dying parent. Maybe the parent did a Will  years ago but now has relented in their dying days and wants to leave everything equally but no-one asks the question. There are also things that can be done.  If a parent doesn’t want to leave to one child because they are worried that they are not able to manage their affairs, a Testamentary Trust can be incorporated into a Will. It may be that the mother or father doesn’t want to leave all of the Estate to the other child because of in the future that mother or father getting a new spouse.  Things can be put into place to avoid this to protect the children even if the parent does re-marry.

If you do not put things into place, then  once your parent has died – the horse has bolted. There are many, many cases in the Supreme Court of New South Wales that could have been avoided had there been some communication and had the parties seen lawyers prior to the person passing away.

If you do not want to raise the subject, we at Vizzone Ruggero Twigg are experienced in dealing with these delicate matters. We can on your behalf speak to a relative. We can draft the Will or a Testamentary Will. We can help you. We are also prepared to do hospital or home visits.

All of our Solicitors are experienced in this area of Law, so please contact us now on 02 9667 1271 or law@vrtlawyers.com.au to make an appointment.

#wills #dying #estates #will #Estate #estateplanning

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