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ARTICLE · 28 DECEMBER 2022

My Will is simple – what could go wrong?

Please make sure you get proper legal advice when dealing with important matters such as wills.

AustraliaFamily and Matrimonial

Tom prepared a Will. He wanted the Will to be straightforward and fair.

When he made his Will he was married to his wife. He had not been married or been in a relationship with any other person.

Tom and his wife had three adult children. Tom did not have any other children.

His Will was straightforward, it said

  • if he died before his wife, she would receive the whole of his estate.
  • If his wife died before him, he appointed one of his children as Executor and had the following clause:

I give the whole of my estate to my children, Rodney, Karen and Vicky as tenants in common in equal shares.

After he made his Will, his wife died. At a later time his daughter Vicky also died, who had a daughter. Tom did not have any particular relationship with Vicky's daughter and they did not keep in contact with each other in any meaningful way.

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