Post date: 11-Aug-2013 02:46:02
Link-------------------- Mariem Omari's Will
"Do wills need to be fair? Should people be able to leave their assets to whomever they like? Or should courts be able to intervene if a will discriminates unfairly between family members?"
The courts have decided that they have the final moral say in what is a “Good and Just Testator”.
For 15 years reports and studies have been calling to fix this law. Once again NSW is reviewing this law at http://www.lpclrd.lawlink.nsw.gov.au/lpclrd/lpclrd_consultation/lpclrd_stat_reviews.html#review_of_succession
I have made a submission that you can get from changefpe.com.au or
https://docs.google.com/viewer?a=v&pid=sites&srcid=ZGVmYXVsdGRvbWFpbnxjaGFuZ2VmYW1pbHlwcm92aXNpb25hY3R8Z3g6NmJlNzZlNmZmYTM2YTU1NQ
As Professor Myles McGregor-Lowndes and* Frances Hannah said in their paper Reforming Australian inheritance law: Tyrannical testators vs greying heirs?
“While it is proper that a testator provide fairly, or even generously, for immediate dependants, and for a court to intervene where an outdated will fails to provide adequately for current dependants, why allow anyone else to claim a share of the estate? If one has a duty to provide for dependants while alive, that should continue after death. No other duty should be recognised.”
If we want this kind of law we may as will just have a fixed distribution system.