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Published on 08 Feb 13
by WESTERN AUSTRALIAN DIVISION, THE TAX INSTITUTE
This paper addresses the grounds on which a will may be challenged, including:
validity issues (such as lack of testamentary capacity, undue influence, informality of the testamentary instrument)
inheritance disputes (that is, claims under the Inheritance (Family and Dependants Provision) Act 1972 (WA) for proper and adequate provision from the estate of a deceased person).
Sally Bruce gives examples of common situations in which a will is challenged and provide some practical guidance about minimising the risk of a challenge. She also talks about the impending changes to the inheritance legislation which will, among other things, give a stepchild standing to sue the estate of a step-parent in certain circumstances.
The Tax Institute is a Recognised Tax Agent Association (RTAA) under the Tax Agent Services Regulations 2009.
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