A blog by Hal Curwen-Walker for people concerned about the protocols, laws, quirks, humour, behaviours and anything interesting which relates to wills, contested estates, dying and death with an additional focus on the fraudulent use of powers of attorney, straight out forgery, duress and coercion.
Thursday, 7 July 2011
New legislation - Children excluded if no will- Beware
Proposed changes to the Succession Act in NSW will mean that natural Children of a deceased person will no longer be entitled to part of his or her estate. NSW legislation was always similar to that in Victoria until now. It will be interesting to see if Victoria follows suit in the near future. At the moment the natural children will receive a share of the estate of someone who dies without a will and leaves a Spouse or Partner, provided the estate is big enough. Under the proposed changes, the Spouse or Partner will get the lot. Sometimes this result will be the same as the will would have been, and sometimes it won't. A will really does look like a cheap investment in your succession plan either way.
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