Challenges to Wills – First Case Decided Since Extensive Changes to the Administration and Probate Act

Brimelow v Alampi [2016] VSC 135 (8 April 2016) was a claim by an adult daughter against her mother’s estate for whom the deceased made no provision. Whilst the defendant had conceded that the deceased did in fact owe her daughter a moral duty and was therefore entitled to receive provision from the deceased’s estate the issue before the court was as to the amount she should receive. Her Honour Justice McMillian sets out a good summary of how the new law applies and provides much anticipated insight into how the Courts will interpret the new law.
It would appear from the decision that aside from the major changes to the law by the introduction of a category based eligibility requirement and dependency requirements for certain eligible persons, not much has changed. Much of the new law appears to simply confirm the existing law and the Court’s role in determining claims prior to the changes.
Her Honour did state that the new law is intended to limit claims by adult children who are not suffering financial hardship, but aside from that she did not elaborate on the effect of the new requirement of the Court to take into account the degree to which adult children are not capable, by reasonable means, of providing adequately for their own proper maintenance and support.
No doubt future cases will shed further light on this requirement for claims by adult children and also test the boundaries of the new eligibility requirements.
For more information please contact our friendly and professional team at Peter Speakman & Co Lawyers on 9822 8611.
-
Recent Updates
Read more...
GST Withholding Regime commenced on 1 July 2018Special Disability TrustsSection 52 Statement - Sale of BusinessElectronic ConveyancingAppointment of Medical Treatment Decision Maker & Advance Care DirectivesMarriage or de facto relationship breakdown – don’t forget the SuperannuationDe Facto Property DivisionAdverse Possession - What's all the fuss about?Do I need to make a Testamentary Trust Will?Adverse Possession - FAQsTitle InsuranceYou want a divorce?Vacant residential land tax applies from 1 January 2018Restraint of TradePlanning to Die without a Will - New Intestacy LawsThink before you TweetMargin of Error & the Application of s272 of the Property Law ActSame Sex Marriage, RevisitedUnfair Contract Terms - A recent VCAT caseBonnie Doone - A disruption to the serenity (Council's discontinuance of a Public Road held invalid)Stamp Duty & Land Tax Changes - 1 July 2017Changes to Foreign Resident Capital Gains Withholding PaymentsRestrictive Covenant - Removal or ModificationStepchild - Will ChallengesThe Gift of Life - Organ DonationPPSR - Personal Property Securities RegisterPartnership, Shareholder & Unitholder AgreementsIntellectual Property issues arising when buying or selling a businessNew Small Business Unfair Contract Term RegimeChallenges to Wills – First Case Decided Since Extensive Changes to the Administration and Probate ActRoad to NowhereForeign Resident Capital Gains Withholding PaymentsChallenges to WillsFencing DisputesGeneral Law LandSuperannuation - Binding NominationsData Retention LawsPower of Attorney Law ChangeSame Sex Marriage