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VIC Agreements settling a claim

Discussion in 'Wills and Estate Planning Law Forum' started by Shezza43, 12 August 2017.

  1. Shezza43

    Shezza43 Member

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    Hi ,
    I am a remainderman , along with my 2 brothers of a life interest of our fathers estate.
    His wife of 17 years was left the right to reside ,sell ,etc.
    The split was 50/50 if she wanted to sell.
    As she doesn't work and is the executor ,she lodged a family provision claim for full title of the property.
    We weren't opposed to her selling and dividing as these were the terms of the will, but were never approached.
    We have reached a settlement and her lawyer has drawn an agreement which has been signed, lodged, and dated.
    In it it clearly states the property be listed for sale within 2 weeks of the date of this agreement.
    it also states details to be confidental.
    We had to appoint an estate agent each to to sell the property and residual estate.

    His wife has had her partner acting on her behalf to the agents.
    The property is still not listed.
    I really dont see the point of paying for agreements when they aren't followed through.
    Advice anyone
     
  2. Rod

    Rod Well-Known Member

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    Cancel the agreement and let her fight for 100%.
     
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  3. Shezza43

    Shezza43 Member

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    She was already claiming full title or 100% its cost my father $20k on our end already to uphold his wishes
    He would be so dissapointed with the whole senario.
    Just goes to show that your wishes can be challanged no matter what, whats the point in wasting $$$ drawing up a will when the someone can challenge it and basically re-write it.
    She would have challenged it no matter whom the excecutor was.
    She hasnt even offerered any of his personal belongings that have emotional attachment for us his family, they have been thrown out.
    Thats hurts most of all.
    This in itself is morally wrong but from a legal point of veiw we were told get the photos and move on.
    She was only part of his life for a blimp really he was our dad all our lives, and he felt he'd done the right thing by her.
    There needs to be other ways to settle these senarios other than the legal system.
    I watched SBS Insight Where theres a will theres a way , and agree VCAT should be able to settle these disputes.
    The lawyers have a Oh well it will cost more to do that attitude.
    What about what the will maker wanted, in some instances its just not right to go against what they wanted.
     
  4. winston wolf

    winston wolf Well-Known Member

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    I dont think VCAT would be much better. But at least they could move it out of the Supreme Court that would save some money.
    Check out changefpa.com.au at least you'll have company.
     
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