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If all beneficiaries under a will are adults and they have full mental capacity and agree, a will may be altered after the testator’s death by a deed of family arrangement.

A Deed of Family Arrangement is a document recording the distribution of an estate where it is not made in accordance with the terms of the Will or the laws of intestacy.

The purpose of the Deed is to document the agreed distribution and to protect the personal representative (executor or administrator) from a subsequent claim.

It is used either where all parties are agreed that they would like to alter the terms of the will, for whatever reason, or where there is a disagreement over a will and the disputing parties are able to reach a compromise without going to court.

Deeds of family arrangement can be used in a number of circumstances:

  • Where there are doubts about the meaning of a Will
  • Where the beneficiaries wish to rearrange the distribution of the estate between themselves
  • To compromise a claim against the estate where there is a challenge to the Will;
  • To create an estate proceeds trust under taxation legislation.

A deed of family arrangement cannot be used:

  • To avoid a claim under the inheritance act
  • where one of the persons affected by the deed is an infant (under the age of 18)
  • where a person lacks legal capacity to sign a contract.

Clairs Keeley can assist you with preparing a deed of family arrangement or providing independent advice about its content.

 

Other Perth Wills and Estate Services that we specialise in:

 

Contact Us

Call Clairs Keeley on (08) 9228 0811 to discuss A Deed of Family Arrangement or any other Wills and Estates Issues.