Blended Families and Estate Planning: Avoiding Future Disputes
How wills, testamentary trusts, life interests and superannuation nominations can help blended families balance the interests of a new spouse and children from earlier relationships.
Practice area
Resources on contesting a Will, family provision (TFM) claims under Part IV of the Administration and Probate Act 1958 (Vic), and the negotiated alternatives that can resolve estate disputes.
How wills, testamentary trusts, life interests and superannuation nominations can help blended families balance the interests of a new spouse and children from earlier relationships.
When an executor is entitled to payment in Victoria — reimbursement of expenses, commission clauses, beneficiary agreement, court-approved commission, 'pains and trouble', and common disputes.
Who is eligible to bring a family provision claim under Part IV of the Administration and Probate Act 1958 (Vic), the factors a court weighs, time limits and practical considerations before commencing a claim.
How executors should respond when a family provision claim is made against a Victorian estate — gathering evidence, testamentary intentions, beneficiary circumstances, mediation, costs and common mistakes.
When beneficiaries can ask the Supreme Court of Victoria to remove or replace an executor — duties, the grounds that justify removal, the evidence required and the alternatives worth considering first.
How Victorian law handles deadlock between co-executors — disputes over assets, sale of property, distributions and litigation decisions, plus mediation, court intervention and practical ways to avoid disputes.
How beneficiaries can vary the distribution of an estate after death in Victoria — executor risks, duty and capital gains tax considerations, and when independent advice is essential.