Conflict of Interest

Discussion in 'Wills and Estate Planning Law Forum' started by Kellen6, 10 October 2018.

  1. Kellen6

    Kellen6 Member

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    Hello
    My question relates to a possible conflict of interest. My father passed away August 2017 and for the last 10 years of his life had dementia. My brother was made trustee of dads will in 2013. Also in 2013 dad signed a poorly typed will (letters half missing and spelling errors) which made my sibling brother his beneficiary of his estate valued between $250,000 and $300,000. This was witnessed by one of dads neighbours.
    My father was married for these last 10 years but was referred to in the will as 'partner' and his wife was left $10,000. The will mentioned myself in what I can only describe as falsehoods eg "my daughter made herself estranged after her divorce" and that I had received a "substantial sum of money prior". I in fact never received anything from my father. My franchised business closed in 2007 and I lost my house, the bank approached my father at the time for the remainder of money owed $34,000 as dad had been a guarantor since 2000. I also declared bankruptcy. But I never received any money, nor had I made myself estranged, in fact I had tried many times to communicate with him but was ignored.
    Anyway, my query is that not only was my brother the trustee and beneficiary but also works for the public trustee office.
    The will was an ecclesiastical will.

    Any advice would be appreciated.
     
  2. Rod

    Rod Well-Known Member
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    Based on your post, when the will was created in 2013 your father already had dementia and if you have evidence of this you have a fair chance of successfully challenging the will.

    If it was me in your position I'd be seeing a lawyer.
     
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  3. MABLaw

    MABLaw Active Member

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    What state did your father die in? Dementia in itself does not mean that at the time of making the will, that your father did not have capacity to do so, however it is a BIG 'red flag'. In Victoria, you would be looking to make an application to the Supreme Court, probably to get the will struck out. I agree with Rod - your best best is to get some formal legal advice.
     
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  4. Kellen6

    Kellen6 Member

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    Hello
    Thanks for the replies. He died in Tasmania and I did seek legal advice 4 weeks after he passed away but was told it was not worth pursuing as the value the estate was "not of high value enough to warrant paying lawyers fees"
    by a lawyer in Western Australia.
     
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