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I would just like to know if its possible to be taken out of…

Customer Question
I would just like...

I would just like to know if its possible to be taken out of some ones will?

Lawyer's Assistant: What state/territory are you in? It matters because laws vary by location.

Qld

Lawyer's Assistant: What steps have you taken so far?

None

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Its my fathers will and i would like to be taken out of it.

Submitted: 21 days ago.Category: Australia Law
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Answered in 5 minutes by:
5/28/2018
Solicitor: John Melis, Lawyer replied 21 days ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,037
Experience: Principal Lawyer at Legal AU Pty Ltd
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Hi, I’m John a solicitor from Melbourne. I may ask you a few questions to narrow the issues you have raised.

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Solicitor: John Melis, Lawyer replied 21 days ago

If you have been removed from a will you make be able to claim family provision.

You will be able to raise a family provision claim.

A family provision order is a court order that makes provision for a claimant who seeks an order for their provision or further provision (as the case may be). The order has the effect of varying a valid will or the statutory scheme for intestacy. When an order is made by the court, the order acts as if it is a codicil to the will of the deceased.

Upon an order being made, the portion of the estate comprised therein or affected thereby is held subject to the provisions of the order and shall operate and take effect as if, where the deceased dies leaving a will as if the order had been made by the deceased by executing a codicil to his will immediately before his death or where the deceased died without leaving a will, as a modification of the intestacy provisions.

It is important that any family provision claim is brought by the interested party as quick as possible by placing the executor on notice by issuing a formal memorandum to the executor under the Act.

Please note where are letter as such is attached to will explaining reasons for the benefits under the will and why a gift has not been given to one party, it will not form as a legal basis to raise an argument against the will.

The letter is only information per se.

In other words the letter has no impact on the will itself.

There is misconception that explanation of gifts by letter attached to the will can be legally binding in weight against a party who wants to make claim.

The letter will be considered in respect to the state of mind of the will maker, but it will hold no legal significance.

Would you like to consider this option.

You have a legal right to protect your interests in this important situation.

If you need any further information let me know and I will be pleased to assist.

You can come back to this post any time to ask questions and there will be no further charges to you.

Don’t forget to rate me 5 stars as this supports me helping the community, and your important questions.

Have I answered your question today ?

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Customer reply replied 21 days ago
No, I have not been removed from a will. I would to be removed.
Customer reply replied 21 days ago
I would like to be removed*
Solicitor: John Melis, Lawyer replied 21 days ago

ok, this is easy,

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Solicitor: John Melis, Lawyer replied 21 days ago

Would you like to try this option.

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Solicitor: John Melis, Lawyer replied 21 days ago

sorry, my words were curt off.

You just need an affidavit to renounce your position.

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Customer reply replied 21 days ago
I would like it if you could send me all the information about doing this to my email if you can
Solicitor: John Melis, Lawyer replied 21 days ago

I can post this in the forum for you, I am unable to email you directly.

However, if you would like to talk on the phone I am available as you need.

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Customer reply replied 21 days ago
If you can not email any infomation about this topic then you have done all you can do for now. Thank you for your time.
Solicitor: John Melis, Lawyer replied 21 days ago

you are most welcome.

Please reach out any time for assistance

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John Melis
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Category: Australia Law
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