NSW Beneficiary/Executor is threatening to seek a greater share of the will

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Sharni Jones

Member
21 December 2019
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Hi Everyone,

My mother and her sister (my aunt) were named 50/50 equal beneficiaries of a house left to them by their Uncle. My aunt is also the Executor of the will.

My aunt has been very unforthcoming with information about the estate and has shared few details with my mum about when the house is going on the market, what offers have been received etc. We’re certain she won’t even tell us when it is sold. The only information she seems willing to discuss is the expenses she’s incurred in cleaning up the property (even though she has access to my uncle’s bank account and could have used this money).

We are concerned that her unwillingness to discuss the details with my mum is because she wants to contest the will. If my mum tries to ask for more information she gets angry and accuses my mum of being money hungry.

My mother looked after my uncle for over 20 years however in the last 10 years my aunt took on the greater share of the responsibilities.

My question is - would ‘recency bias’ entitle my aunt to successfully argue she deserves a greater share of the estate than my mum? My mum did not keep receipts or records of all that she did for my uncle but no doubt my aunt has.

Would it be difficult for my aunt to prove that the will is unfair and that she deserves a greater portion of the estate? Or should my mum be prepared for the fact she might lose out?

Thanks in advance for your help.
 
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