The Wills Variation Act was enacted to empower the courts to vary a will in certain circumstances where spouses and children are disinherited, there is an unequal distribution among the children, or one of the beneficiaries do not receive sufficient monies under the will meet their needs. The Wills Variation Act confers a broad discretion on the court to vary wills in circumstances where the gift made under the will is not adequate, just and equitable.
We have made applications under the Wills Variation Act and defended applications contesting wills on behalf of clients for many years. These cases can be factually complex and emotional as they deal with the written intent of the family member who has unfairly favoured one child over another, or a spouse or 2nd spouse over a child. Relevant evidence in such cases typically includes details of the relationship between the applicant and the family member whose will is in question, the moral duty owed to spouses and children, what level of support the applicant provided to the family member whose will is in issue, the relative financial positions of family members, and their respective financial needs.
Our experience in these matters lies in being able to provide sensible advice as to whether an application under the Wills Variation Act is in your interests, the costs involved and the potential benefits. We understand that decisions are difficult to make in the context of the death of a family member and will provide any support and information we can to make this difficult process somewhat less so. If you have lost a loved one and there is some question as to whether or not that person’s will made adequate provision for you or someone else in the family, or you require experienced lawyers to defend an application, please make arrangements for a no obligation consultation.