Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 9 June 2018.
Bill makes a home-made will. When Bill passes-away, a number of issues arise.
Bill leaves $100,000 to his son, Charles on the condition that he does not contest Bill’s will, seeking further provision. Charles is aware that the gift constitutes a relatively small portion of Bill’s estate and believes he is entitled to a greater share. Charles is concerned that if he contests his father’s will and is unsuccessful, he will also miss-out on the $100,000 gift. Charles obtains legal advice and is informed that the condition is invalid and that Bill’s will is interpreted as gifting him the $100,000 unconditionally. Charles retains the same lawyer to contest Bill’s will and uses part of the $100,000 to pay his legal costs.
Bill leaves $200,000 to his son Adam on the condition that he has divorced his wife, who Bill had had a number of disagreements with over the years. Adam is relatively well-off and is unable to establish sufficient “needs” to warrant making a family provision claim against Bill’s estate. Adam has no intention of divorcing his wife. Adam seeks legal advice and is informed that the condition is invalid and that he receives the $200,000 gift unconditionally.
Finally, Bill leaves $300,000 to his son Daniel on the condition that he has attended Alcoholics Anonymous and complied with their requirements concerning sobriety for a period of 2 years. Daniel is also relatively well-off and is unable to establish needs sufficient to make a family provision claim. Whilst Daniel admits that he has a drinking problem, he has no intention of attending Alcoholics Anonymous. Daniel seeks legal advice. Upon being informed that the condition is valid, Daniel promptly contacts the local AA office.
If you would like Manny to address a particular legal issue, send your request to manny.wood@ticliblaxland.com.au or call him on (02) 6648 7487.
