QLD Should I do a Family Provision Claim for Mum's Estate?

[Sandradee]

Hi,

My stepdad forced my mum to sign a new will a week before she passed away. In the will, he signed everything over to himself, including her share of the tenants in common agreement.

My children are included in the will, however I am not included in the will at all. My mum and stepdad were tenants in common for the their house.

I am a single mum with two dependants. Would I get something if I did a family provision claim?

The house would be worth about $800k.

Please suggest what would be the best way forward.

Thank you

 

[Blessing]

yes you could get something and if you want something you should do a family provision claim

 

[Sandradee]

yes you could get something and if you want something you should do a family provision claim

Thank you!

 

[Sandradee]

Thank you!

what about contesting the will and saying its not valid? or should I just go straight to a Family claim?

 

[Rob Legat - SBPL]

In your circumstances, you would normally expect to have some provision made for you in your mother's will. Further, from what you've said, there may be issues to look at around duress and coercion with the new will. I suggest you speak to someone with expertise in both estate matters and family law (which, unfortunately, isn't me). You might want to have a look on the lawtap.com.au website.

 

[Sandradee]

In your circumstances, you would normally expect to have some provision made for you in your mother's will. Further, from what you've said, there may be issues to look at around duress and coercion with the new will. I suggest you speak to someone with expertise in both estate matters and family law (which, unfortunately, isn't me). You might want to have a look on the lawtap.com.au website.

Thank you! my mum did not want to sign that will, but he forced her too. she was very heavily medicated for her cancer pain.