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QLD Contesting a Will - Child Support and Tax Return Was Avoided?

Discussion in 'Wills and Estate Planning Law Forum' started by Fightingforwhatisright, 25 July 2015.

  1. Fightingforwhatisright

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    How do I obtain a copy of a will as the guardian of an only child when I am not the executor of the will and it hasn't been listed for probate? I cannot afford a solicitor nor entitled to Legal Aid, but think it is unfair our son has been left with no assets nor myself to raise our son. The father had not done a tax return for three years and underestimated and did not declare all income to avoid paying child support. We have been telling the ato since October last year and nothing was done. How can this be rectified? By contesting the will?

    He passed in May this year. I'm still paying off debt from separation. I have no financial assistance now he has passed. He was terminally ill and blew all the superannuation and life insurance we worked to build.
     
  2. Sophea

    Sophea Well-Known Member

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    Hi Fightingforwhatisright,

    A child of the deceased has a right to request a copy of the will or to view the will. The executor is required to show it upon request to those entitled.

    As for contesting the will. Your child may have grounds to bring a family provision application. The court may award him an inheritance or a greater inheritance if in its view your ex's will did not adequately provide for your son. You may also have grounds to apply personally against his estate if you can prove to the court that he should have paid you maintenance.
     
    winston wolf likes this.

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