VIC Brother in law threatening legal action

Discussion in 'Wills and Estate Planning Law Forum' started by Lizzy Lou, 31 March 2018.

  1. Lizzy Lou

    Lizzy Lou New Member

    31 March 2018
    Likes Received:
    Hi All,

    I’m hoping that someone might be able to point me in the right direction so I apologise up front if this is a long post.


    My grandfather passed away almost a year ago and in his will he left the property to my mother and her sister equally but my mother was allowed to live in it or use it to purchase another property as she was living in the house with her father.

    Her sister is retired and on the pension, her husband has forced my mother and myself (my mother alone was unable to raise the funds herself without my help) to purchase her share out as they have lost the pension because half of the value of the property has been included in their asset test with centrelink.

    Due to their lawyers delays the property still hasn’t settled and has been pushed back a number of times now. The Brother in law spoke with my mother the other day and threated legal action if this wasn’t resolved by a certain date.

    My question is; what could he possibly sue us for? And is there a way that I can fight back? My mother has looked after everything since the passing of my grandfather and they have only started to care when they lost the pension that they are very desperate to get back.

    I have been unable to find what he could possibly sue us over.

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