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.
Sally is a Special Counsel with Jackson McDonald Lawyers. She has over 15 years' experience in Estate Planning and works closely with clients to develop tailored plans, including multi-generational solutions for the firm's high net worth clients. Sally's estate planning practice is complemented by her work in the field of estate litigation. Sally has been involved in numerous family provision claims and solemn form probate matters. Her experience in this area helps her to identify potential pitfalls at the planning stage and minimise the risk of a challenge. Apart from Estate Planning and Estate Litigation, Sally also practises in the areas of Trusts, Deceased Estates and Guardianship and Administration. Sally is a member of the Law Society of WA and the Society of Trust and Estate Practitioners.
- Current at
01 July 2014