Inherit Team

Should I divide my estate equally… even if my children’s lives are no longer equal?  A recent story illustrates this perfectly. A father planned to leave his estate in three equal shares to his adult children. His wife disagreed — not out of favouritism, but because their children’s circumstances had diverged dramatically

Research conducted by NSW Trustee and Guardian in 2023 showed that 60% of NSW residents do not have a legal Will document in place. The recent Victorian Supreme Court decision in Re the Estate of Dunham serves as a stark reminder of what can go wrong when modern relationships collide with intestacy laws.

Robyn Margaret Wise died in April 2011, leaving a will that appointed her son Shane and her de facto partner Stephen as co-executors. The will gave Stephen half the value of the family home, with Shane and his brother Craig receiving a quarter share each of the remaining half. Probate was granted in March 2013, but the estate remained unadministered for over five years.