VIC Can We Contest the Deceased Estate of Grandmother?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Tom Vanda

Member
20 February 2017
1
0
1
Hi

My father will pass away soon. I have not had a close reltionship with him although he keeps in contact with my sisters. His estate is not the question. The issue is, his mother passed away and left her estate to my aunt as executor of will and she is a solicitor. She also has children and has surely plan to pass all on to them.

My father's brother lives in the house now. For the past 6 years. I believe they have left him nothing. If he passes, can we contest the deceased estate of my grandmother?

Thanks
 

Lance

Well-Known Member
31 October 2015
852
123
2,394
Hi Tom,

So you can contest the will if you think your grandmother didn't have capacity to draft one, you think your aunt or someone else influenced the writing of the will or someone such as your uncle has been left off the will (well he should contest that).

If your aunt as the executor provides a portion of the estate to her children it could reasonably be argued that you should also be entitled to a share.

Victoria Legal Aid has some useful information on contesting a will. Challenging a Will | Victoria Legal Aid