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Over my dead body: Family maintenance claims


How do you know that what you leave in your Will to certain beneficiaries will actually go to them? This article summarises the rules in each State and Territory allowing others to challenge your Will, as well as providing some sobering examples of successful challenges.

Author profiles

Andrew O'Bryan CTA
Andrew is a Partner at Hall & Wilcox Lawyers and provides advice on the application of a wide range of taxation. He has substantial knowledge of taxation and commercial practice and advises his clients on income tax, capital gains tax, tax audits and reviews, fringe benefits tax, business structuring and transactions, liquidations and reconstructions, superannuation, retirement planning, business succession, estate planning, and philanthropy. Andrew advises accounting and legal firms on their clients’ affairs. He also draws clients from industry, commerce and high-net-worth private family groups. One of his main interests is advising private business owners on the transition of management and control of family businesses to the next generation. Andrew has been recognised in the The Best Lawyers in Australia in Tax Law every year since 2014 and is a leading tax lawyer in Victoria in Doyle's Guide to the Australian Legal Profession. - Current at 12 November 2019
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Wendy Sylva
Wendy is Special Counsel, Family Business and Wealth Management with Hall & Wilcox Lawyers. - Current at 01 December 2006
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