Am I Legally Responsible for Providing for Anyone under my Will?

You are generally free to give away your estate to anyone you wish under your Will.

However, all Australian states and territories have their own laws about who can make a claim against your estate for the purposes of being provided for.

To minimise any risk that your Will is challenged in the future, it is recommended that you ensure you make adequate provision in your Will for anyone you may be responsible for in your lifetime.

What if I wish to leave to a beneficiary who has special needs?

In order to provide for beneficiaries with special needs, such as persons with mental illness or a physical disability, or persons who have demonstrated poor money management skills, you should consider establishing a testamentary trust under your Will.

In Australia, this type of Will is known as a Testamentary Trust Will. Please contact www.maddisonlaw.com, our affiliate law firm, for further assistance.

If the above circumstances affect you and/or your close ones, then the same would be considered complex, and would not be covered by our basic Will product.

Accordingly, you may need to seek professional advice in order to set up a testamentary trust under your Will.