Can uncle take house of grandchild after grandparent guardians death

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BWeekes

Member
26 January 2020
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Hello.
This is a question regarding estate and wills in Tasmania.

My partner and her younger brother, who is a minor, were raised by her grandmother.
She moved out three years ago to care for her unwell mother, who passed away shortly afterwards. Her brother still lives with her grandmother, who was her guardian and still is her brothers.
At the moment it looks like her grandmother is going to pass away this year. My partner is making preparations for the care of her brother to pass into her hands.
Last year my partners wealthy uncle, who had been estranged from his mother for eleven years, discovered that she was unwell and has made contact with her. He has since made it clear that he will be selling the house as soon as she passes.
We are concerned that as soon as this happens my partners brother will be kicked out of the house he has been raised in from a baby. We are also wondering if the entire estate will be passed on to my partners uncle.
Originally, before my partner's mother died, the estate would have been divided equally between my partners mother and her uncle. The grandmother has stated that she intends to leave the will equally between her surviving son, and both my partner and her brother since their mother is deceased. Can the uncle challenge that?

Kind regards and apologies for the number of times I wrote 'my partner'.
Brian
 
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Tim W

Lawyer
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28 April 2014
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Grandma needs to make a will. Urgently.
A proper will, not just some BS twenty dollar form from the newsagent.

Otherwise, the intestacy rules will apply.