FAQ

Estate Planning

What is the general power of adjustment in a Will?

applicable Regions:
Australian Capital Territory
New South Wales
Northern Territory
Queensland
South Australia
Tasmania
Victoria
Western Australia

What is a General Power of Adjustment in a Will?

Our Wills include a general power of adjustment that enables the executor to make adjustments to the allocations and entitlements under the Will.

Adjustments are allowed where the executor reasonably believes that making the adjustments will better reflect your intentions as to the proportionate distribution of both the estate assets and non-estate assets on an after-tax basis.

See our FAQ: What assets generally do not form part of the estate created by my Will? in relation to non-estate assets.   

Please note: A general power of adjustment will not give the executor/trustee the power to add new beneficiaries who aren't already included in the Will.

Credits:

This FAQ was created by James D. Ford GAICD | Principal Solicitor, Blue Ocean Law Group℠.

Important Notice:

This FAQ is intended for general interest + information only.

It is not legal advice, nor should it be relied upon or used as such.

We recommend you always consult a lawyer for legal advice specifically tailored to your needs & circumstances.