Marlee Viero

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318 appearances 1 recordings 1 series first heard Jul 2021 last heard Jul 2021

Marlee Viero’s voice in public audio — every appearance, attributed to the second.

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Australian Finance Podcast · Wills & Estates: Your crash course guide from Nest Legal · 26 Jul 2021 podcast

So you'd talk to the executor and hopefully try to negotiate a settlement.

All beneficiaries would need to agree, especially if it affects the

affects their share.

But otherwise, if it ends up in court, you sort of let a judge decide.

But with that in mind, the court will usually ask for a mediation to occur before it goes any further.

So usually most matters will settle at mediation.

Exactly.

Yeah, totally.

I have always said that money and death do really horrible things to people, unfortunately, and often in a time of great stress for individuals.

So, yeah, it can get super, super nasty.

So that's, again, why obtaining advice before going ahead and writing someone out of your will is invaluable, really.

It's no way to make it undisputable because if that person's eligible, then they will or they can make a claim.

But I personally like to put a clause in my wills to say that they have given a lot of thought and they still want to leave that person out.

And I also get my clients to prepare basically like a letter of wishes for

for their executor to really set out the reasons why and go into a lot of detail about that because you won't be around to tell the court why you've chosen to leave X person out of your will.

And I guess that's a little bit of evidence that could support your argument in the event of a claim.

Yeah not just saying things like I've left out my daughter because she was rude to me on Christmas 2019 but you know maybe I haven't spoken to my daughter in 15 years and I've reached out to her and haven't had any contact with her and

you know, really set out sort of the breakdown of the relationship there and why you think you don't have a moral obligation to provide for that person and also why you think that they don't have a financial need.

Sometimes I have clients that come to me looking to provide children with a lesser share and it's not because of any, I guess, ill affection.

It could just be because, oh, child A is a squillionaire and child B is struggling and I just want to even it out a little bit.

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