My father resided in NSW and passed away 8 years ago. He had a joint will together with my mother leaving all his estate to my mother and then on to the three children and vice versa. It was common knowledge in our family that both had agreed not to revoke their respective wills (albeit not stated in the will).
The assets of the estate included the family home an NSW property valued at $1.5 million of which he was joint owner together with my mother plus cash of about $280,000. No probate was issued just a letter of administration as the property was put solely into my mother’s name.
Just recently I discovered that despite my father's wish that all children be treated equally as their needs are essentially the same, my mother had gifted about $240,000 from my father's estate solely to my two brothers about 7 years ago and have been deceiving me that the $280,000 was to be held in trust until she passed away. My brothers have been manipulating my mother spreading false and misleading information about me. She is 94 years old and losing her proper cognitive functioning.
I recently discovered a new will prepared for her by my brother, signed by her that stated she has left the house (now valued at $2.5 million) solely to him just before she goes into an aged care facility. I suspect a dodgy deal has been done between my brothers to exclude me from the will. Effectively I would be left with nothing if this should occur.
My brothers are avoiding me and My Mother refuses to discuss the matter with me. My brothers and I all have their own homes of similar value. I have no children no money or earning capacity at 55 years old. I am on the disability support pension and think my only option is to lodge an NSW caveat on the property to prevent it being gifted to my brother and leaving no assets in the estate to challenge if my mother survives the notional estate period of 3 years. The grounds for the caveat would be as a beneficiary of a constructive trust and improvements I have made to the property over the years.
I would greatly appreciate any thoughts of what I should do.
The assets of the estate included the family home an NSW property valued at $1.5 million of which he was joint owner together with my mother plus cash of about $280,000. No probate was issued just a letter of administration as the property was put solely into my mother’s name.
Just recently I discovered that despite my father's wish that all children be treated equally as their needs are essentially the same, my mother had gifted about $240,000 from my father's estate solely to my two brothers about 7 years ago and have been deceiving me that the $280,000 was to be held in trust until she passed away. My brothers have been manipulating my mother spreading false and misleading information about me. She is 94 years old and losing her proper cognitive functioning.
I recently discovered a new will prepared for her by my brother, signed by her that stated she has left the house (now valued at $2.5 million) solely to him just before she goes into an aged care facility. I suspect a dodgy deal has been done between my brothers to exclude me from the will. Effectively I would be left with nothing if this should occur.
My brothers are avoiding me and My Mother refuses to discuss the matter with me. My brothers and I all have their own homes of similar value. I have no children no money or earning capacity at 55 years old. I am on the disability support pension and think my only option is to lodge an NSW caveat on the property to prevent it being gifted to my brother and leaving no assets in the estate to challenge if my mother survives the notional estate period of 3 years. The grounds for the caveat would be as a beneficiary of a constructive trust and improvements I have made to the property over the years.
I would greatly appreciate any thoughts of what I should do.