QLD Outdated Will - Can We Recover Intended Inheritance?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

JazzGal

Member
22 March 2018
1
0
1
My father owned two antique cars, which he refurbished and promised my sister and I that we could have one each if he were to ever pass away. He said this many times and it was common knowledge within our family.

He unexpectedly passed away and my mother sold the cars and is not willing to give any money to either of us for the value of the cars. She sold the cars well under market value just to get rid of them and suddenly doesn't recall him ever saying that, even though she was present many times when he said it.

He had not updated his will since 2002 and it was very out of date when he passed away. Therefore, the cars weren't included as he didn't even own them at that point.

Is there any way to recover the value for the cars? We feel as though our own mother is stealing from us and that it is morally wrong but wondering if we have any legal standing?
 

AllForHer

Well-Known Member
23 July 2014
3,664
684
2,894
Perhaps this question is better asked in the Wills and Estate Planning forum, rather than Family Law.
 

winston wolf

Well-Known Member
21 April 2014
424
115
894
Adelaide
changefpa.com.au
If he didn't update his will to leave them to you they are just part of the estate, regardless of what he may have said to you.

Your mother was within her rights to sell the cars. The cost of any legal remedy would likely be far more than the value of the cars and would be unlikely to succeed.