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Recent Blog Posts
support Claims
Can assets of an estate be left to one heir, leaving others out in the cold?
While their father loved both Samantha and Reuben equally, in his will, and in accordance with his culture, all the assets of the father were left to the male heir. Is this legal?
Ex-Wives - The Ex Left Her Out of the Will
Mr. Grant died and left behind both his wife and ex wife. He signed a separation agreement with wife number one where he agreed to provide spousal support for the rest of her life. However, the first Mrs. Grant was not a beneficiary under his Will and upon his death the last Mrs. Grant declined to continue support payments to the first Mrs. Grant. The first Mrs. Grant applied to the Court for a lump sum payment that reflected the money she would have received had Mr. Grant still lived.
Moral Considerations - Moral Obligations and Wills
Paul suffered from Becker's Muscular Dystrophy. He often fell, had trouble standing up or sitting down and going down stairs was arduous. When his parents divorced, Paul's father undertook to support him and recognized that this obligation was to survive his death. In his Will, Father left $125,000 trust to care for Paul. The disease was progressively debilitating and the expense for Paul's care substantially increasing. It was clear that not even Father's entire estate of $650,000 would be enough to care for Paul.
Dependant's Relief and Domestic Contracts - Domestic Contracts are Not Fool Proof
Domestic Contracts are only part of the solution for parties entering into marriages. The best way to discourage litigation is for estate planning to include a fair support scheme for the surviving dependants.