Over my dead body: Family maintenance claims

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Published on 01 Dec 06 by "TAXATION IN AUSTRALIA" JOURNAL ARTICLE

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

Wendy Sylva

Wendy is Special Counsel, Family Business and Wealth Management with Hall & Wilcox Lawyers. - Current at 19 March 2012

More by Wendy SYLVA

Q & A: Family Law Super Splitting Legislation - 01-December-2002

Click here to expand/collapse more articles by Wendy SYLVA.

Andrew O'Bryan CTA

Andrew is a senior tax partner at Hall & Wilcox Lawyers. He has over 25 years' experience giving expert tax advice to private business and wealthy family groups. He has particular expertise in the tax aspects of succession planning and in managing complex disputes with the Australian Taxation Office. - Current at 30 August 2017

More by Andrew O'BRYAN

What the ATO will be targeting in 2013/14 - 12-August-2013
Taxation on death: when does a superannuation income stream end? - 19-October-2011
Build it and they will come – Property development by SMSFs paper - 04-August-2011
SME hot topics paper - 02-March-2011
Assets use caught by Division 7A. - 10-June-2010
Division 7A and unpaid trust distributions. - 09-December-2009
Building, buying, holding, selling and valuing intangible business assets paper - 13-March-2009
Fixed trust/fixed entitlement paper - 10-October-2008
Succession planning: Some taxation issues to consider paper - 15-August-2008
Deductability of employer superannuation contributions - new rules. - 01-November-2007
Service entities - where to now? paper - 20-October-2006
Tax traps for SME loans paper - 07-April-2006
Q & A: Funding discretionary trust distributions; Deductibility of interest - 01-October-2005
Q&A: CGT - some issues arising in practice - 01-June-2005
Q&A: Tax consolidation, Div 7A and the Small Business Concessions - 01-March-2005
Division 124M - scrip for scrip rollover seminar paper - 29-October-2004
Q&A: Family Trust Elections - 01-August-2004
Recent Developments - Amnesty & 2004 Federal Budget announcement seminar paper - 09-June-2004
Q & A: At Call Loans to Private Companies - profits first by stealth - 01-June-2004
Q&A: IP, IT & a byte: The Tax Bite On Intellectual Property - 01-May-2004
Intellectual Property and Black Hole Expenditure convention paper - 02-April-2004
Q&A: The good, the extremely bad and the ugly - 01-April-2004
The Commissioner suggests some questions - 01-April-2004
Q&A: Value Shifting Basics - 01-December-2003
Q&A: Value Shifting Basics - 01-November-2003
Q&A: Business Real Property: Where to draw the line? - 01-October-2003
Taxing Trust Issues seminar paper - 24-July-2003
ATO can go "Firth" and multiply - 01-July-2003
Nowhere to run, nowhere to hide - 01-April-2003
Q&A - 01-April-2003
Q & A - 01-March-2003
Q and A - 01-October-2002
Q & A: private company loans and Division 7A - 01-July-2002
Q & A: Reasonably arguable position papers - how to be wrapped in a RAP - 01-February-2002
Q & A: Salary Sacrifice Arrangements - 01-July-2001
Tax Q & A - 01-May-2001
Tax Q&A - 01-April-2001
Q&A: Scrip-for-scrip rollover - 01-October-2000
Q&A: sale of going concerns: GST free? Not as easy as it looks - 01-September-2000
Hall & Wilcox Update - 24-August-2000
Q&A: prepayment rules - 01-August-2000
Q & A : PAYG: withholding problems with ABNs - 01-July-2000
Tax Q&A: imputation credits and dividend rebates - don't lose them on 1 July 2000 - 01-June-2000
Tax update - 11-May-2000
Tax Q&A: 1 April 200 amendments: FBT meets GST - more sacrifice in salary? - 01-May-2000
Tax update - 27-April-2000
Tax Q&A: CGT concessions amending legislation - 01-April-2000
Tax Q&A: Superannuation: death benefits nominations - ruling from the grave - 01-March-2000
Tax Q & A: Ralph Reforms: Capital gains tax amending legislation: trusts live! - 01-February-2000
Tax Q&A: Ultimate beneficiary statements: lifting the lid on secret distributions - 01-October-1999
Tax Q & A: Trust distributions: the implications of the pattern of distribution test - 01-July-1999
Tax Q & A: Capital gains tax: rollovers and buybacks - 01-June-1999
Tax Q & A: Division 17B - small business retirement exemptions - 01-May-1999
Division 17A - small business rollover relief - 01-April-1999
Blue bayou: CGT blunders and bloopers - 13-April-1998
The new rules of Section 108 - 16-February-1998
The new rules - 10-February-1998

Click here to expand/collapse more articles by Andrew O'BRYAN.

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