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ARTICLE · 03 SEPTEMBER 2018

How can I avoid an inheritance claim against my estate?

This article includes the top 12 ways in which you can avoid an inheritance claim being made against your estate.

AustraliaFamily and Matrimonial

This is a question that we are often asked.

You may be in a blended family situation, or may have a child who has become distant from you, or you may have a large estate and concerned that your children will fight over it when you die.

The Inheritance (Family Provision) Act ("the Act") provides that certain people can bring a claim in the Supreme Court against the estate of a deceased person, if "adequate provision" has not been made in the will for that person's "maintenance, education or advancement in life".

These are the top 12 ways in which you can avoid an inheritance claim being made against your estate.

  1. Spend it all before you die

The less estate you have when you die, the less there is for your children and other potential claimants to fight over. Fortunately, some of our clients are able to achieve this outcome without too much effort or advice from us!

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