QLD Stepmother's Will - Grounds for Contesting a Will?

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lp221

Member
15 July 2015
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My father died in NSW and left everything to my stepmother who moved to QLD. Now she wants to leave me and my brother out of her will and leave everything to her 4 daughters.

Do we have any grounds for contesting the will?
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
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Just to be clear, contest which will - your father's or your stepmother's?
 

lp221

Member
15 July 2015
2
0
1
My father died in NSW and left everything to my stepmother who moved to QLD. Now she wants to leave me and my brother out of her will and leave everything to her 4 daughters.

Do we have any grounds for contesting the will?
Stepmother's. Father died in 2005.
 

Tracy B

Well-Known Member
24 December 2014
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Australia
Hi Ip221,

If your stepmother is still alive, you have not rights and cannot contest a would-be will. This is because the will is not valid (so kind of like it does not exist) until the person has passed away.

After she has passed, you can contest the will as the deceased's step-child under family provision claims. Check out "Family Provision Claims - Contesting a Will".
 
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