Wills and the Addicted Child

Protecting your Estate from a self destructive child claimant.
Sometimes, when a parent makes a will they will exclude an adult child from their will because that child is an alcoholic or addicted to drugs. The parent rightfully believes that if the child was to receive an equal share they would immediately lose it by spending it on drugs or alcohol.
Despite that all of the above is done with the best intentions by the parent this will not stop an application by the child for family provision.
The courts consider alcohol and drug addiction to be an illness not a life choice. The child’s addiction will actually improve their chances of success and increase their payment because they suffer from that illness.
Relying on the child’s addiction alone is not enough. The parent needs to take other measures to protect the addicted child from him or herself, such as establishing a trust for the child while the parent is still alive or preparing affidavits as to why they have omitted the child.
At Catton Roderick Lawyers we can help you take steps to ensure that your child is protected. Call us on 1300255750
