Contesting a will.

[MsMummy]

Your friend should see a succession solicitor ASAP.

the laws are slightly different in each state, but in a nutshell, she would have standing to make a family provision application as a child.

The potential for success will depend on your friend's financial situation and need, the value of the estate, the financial situation and need of the brother. Estrangement is not fatal to a claim, particularly if the parent instigated it.

there are strict time limits for claiming. they vary depending on the state. For example, the time limit in Queensland is 9 months to file a claim, but the executor can distribute without being personally liable after 6 months, so you have to make sure you give notice before 6 months and then file before 9 months.

In Queensland, at least, there are good dispute resolution procedures in place for family provision applications, meaning the majority of claims are settled without actually having the expense of a trial.


there are also solicitors who will take family provision applications on a "no win, no fee" basis, if they think the claim has merit, so not being able to afford to pay the legal fees up front is not necessarily a barrier.

(i have only read the first post)

[shelle65]

No idea about other states, but if she is in Victoria I don't think she would be successful.

In Vic you have to show that the deceased had a responsibility to provide for the applicant. The court takes into account the applicant's circumstances, the size of the estate and their relationship with the deceased.

Given your friend had not been supported by her mother for 20 years, I would say establishing a responsibility to provide would be near impossible.

[Jorja]

Thanks for the advice. I guess her claim is more about y she dosnt want him to have the entire amount than her own need.
It seems so unfair that eithin the law there is so much emphasis on his mother providing for him when he never has and probably never will provided for his own children

[MsMummy]

Thanks for the advice. I guess her claim is more about y she dosnt want him to have the entire amount than her own need.
It seems so unfair that eithin the law there is so much emphasis on his mother providing for him when he never has and probably never will provided for his own children

Wanting the brother not to inherit because he is a junkie/loser/spendthrift/deadbeat can't be the basis of the claim. She will have to show her own need, which she may well have.

It is frustrating for her, no doubt. I had a client with a very similar situation, minus the estrangement, and it was hard for him to ever accept that his brother would inherit the money just to squander it.

Just tell your friend to see a solicitor ASAP. She won't know until she gets some advice.

[sweetseven]

If she just wants to protect the money for her brothers children, perhaps she could negotiate with her brother and suggest that he if he agrees to put it into a trust for his children (managed by a third party agreeable to both of them) then she wont contest the will.

Or alternatively, she could attempt to have his competency challenged and have the adult guardian take over his affairs.

[Isobel]

Yes We are fully go along with you buddy, the girl have got proper to get this done legitimately.

[VicPark]

Your friend has been estranged from her mother for 20 years she can't expect a chunk of money from her... That's two-faced and plain wrong IMO.....

Unless they had no mental capacity at the time of writing a will, someone should be able to say who gets their money when they die. And I think your friends mother was perfectly justified in not giving any to her daughter which she hasn't seen for 20 years.

If by some miracle your friend is able to overturn the will and get some money, don't be surprised if her Mother comes back to haunt her!

[BigRedV]

This thread is old!

[VicPark]

Oh man Isobel! Why'd you do it?

[Hollywood]

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