Monday, August 26, 2013

A Will Can Be Contested in Probate with a Variance

Are you interested in laws relating to probate NSW has established because one of your parents just passed away and you and your siblings are trying to divide things up according to the will? If so, you may have heard about how a probate court will look into cases where a false will may have been written to determine if it is real or not. If the court determines that the will was not forged or altered in any way, it will have to be followed, even if people do not like it. If it was altered or forged, steps will be taken to determine what should actually be done, and the fake will can be tossed out.

However, what if you disagree with a will that was left, even though it is authentic? Is there anything that you can do? For example, what if you got in a fight with your father right before his death and so he cut you out of the will entirely, giving all of his money to your sister and leaving nothing for you. He did this because he was angry. It was an emotional decision, not a rational one that represented what he really wanted, but is it still a binding contract? Are you stuck with those results?

Generally, a court will not rule against a will. However, there is still something that you can do, and it is known as a variance. When you create a variance, you alter the will that the person left, in a legal fashion, to change what you get. The big catch is that the other parties must agree. If they will be getting less since the change is in your favour, they have to say that they think this is fine. The will can then be changed and the money or assets given out accordingly.

This is done because, if all parties are in agreement, it would be easy for them to redistribute things anyway. For example, if your sister got the vast majority of the money, but she thought that you deserved more, she could simply take her portion from the will and write you a check for what she thought you should get. It would be incredibly easy to circumvent the will. Therefore, variances were created, but they cannot take place if anyone who would lose money or assets disagrees and wants the will to remain unchanged.


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