Do You Always Need Probate in Victoria?
In Victoria, probate is a grant from the Supreme Court confirming a will’s validity and giving the executor authority to manage the estate. Probate is usually required when real estate is held solely or as tenants in common, or when banks and financial institutions require it for accounts over $50,000–$100,000. It may not be necessary for jointly owned property, small estates, or superannuation paid directly to a nominated beneficiary. Even if not strictly required, probate provides legal protection for executors. At Kenney Legal, we guide clients across Maroondah and Victoria through the probate process with clarity and confidence.
When Words Matter: Verbal Promises and Your Estate Plan
A recent High Court decision in Kramer v Stone [2024] HCA 48 has reaffirmed that verbal promises can have serious legal consequences when it comes to inheritance. The case involved a long-time property manager who was verbally promised land by the deceased, but was left out of the will. The Court found that it would be inequitable for the estate to ignore the promise, as the manager had relied on it to his detriment. This decision highlights the importance of ensuring that all promises—especially those relating to inheritance—are properly documented in a valid will. Verbal assurances may be enforceable, but they can also lead to costly disputes. Proper legal advice and clear documentation remain key to effective estate planning.
Can I Exclude Someone From My Will?
In Victoria, while you generally have the right to distribute your estate as you see fit, excluding a family member from your will can lead to legal complications. Under the Administration and Probate Act 1958 (Vic), certain individuals, like spouses, children, and financial dependents, can make a family provision claim if they believe they haven’t been adequately provided for. To minimise the risk of a claim, you can document your reasons for exclusion in a Letter of Wishes, provide a small bequest, or create a testamentary trust.
Challenging a Will: Do You Have a Valid Claim?
Contesting a will in Victoria can be a complex process, but understanding the valid grounds is essential before taking action. Common reasons for challenging a will include lack of testamentary capacity, undue influence, improper execution, and family provision claims. Successful challenges often depend on providing clear evidence that the will does not reflect the true wishes of the deceased or that proper legal procedures were not followed. Whether you're questioning the mental capacity of the testator or feeling inadequately provided for, it's crucial to seek legal advice to determine the strength of your case under Victorian law.