Welcome to Probate Excellence
Hello. This newly launched site, Probate Excellence, is devoted to the laws of Wills, Probate and Estate Claims in the glorious State of Victoria. The site’s aim is to give you clear insight into why its important to make a will; to keeping your will up to date; why you should have your will professionally prepared; and the many issues surrounding the probate and administration of deceased estates; notably claims and litigation. Claims form the majority of estate litigation emanating from a section under the Administration and Probate Act. In essence a will-maker owes a responsibility to make “adequate provision for the proper maintenance and support of certain persons” (read children, spouses, partners and others), despite the clear words and stated intentions of the testator in his or her last will.
These concepts are taken straight from the Act: “adequate provision” and “proper maintenance and support”. Its from the common law that we have tests such as questioning what a just and wise father would have thought it his moral duty to make in the interests of his widow and children had he been fully aware of all the relevant circumstances.
This blog will devote a lot of its time looking at these concepts and similar questions. We welcome you and any comment, questions, inquiries and instructions you have.