VIC Contesting a will disabled grandson

Discussion in 'Wills and Estate Planning Law Forum' started by Kerrie Byrnes, 28 May 2018.

  1. Kerrie Byrnes

    Kerrie Byrnes Member

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    Advice regarding disabled grandsons entitlements for grandfathers will.
     
  2. Kerrie Byrnes

    Kerrie Byrnes Member

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    My sons grandfather passed away last year. He had one son and one grandchild.
    Although I believe his will states that his only son is the beneficiary- I'd like to clarify my sons entitlements.
    His will, according to my sons father, states that all is left to his son, or any children the son may have on the event of the sons death.
    My son is disabled, and has never received any support from his father( apart from the compulsory amount taken from his unemployment benefits)
    His Pa loved him. Tom is awesome.
    I am concerned that Tom's dad will squander any inheritance that my son is due.
    My sons father has issues with drugs, and I chose to distance myself from his selfish and destructive influences.
    I have always left the opportunity for connection open between my son and his father.
    He is, however, too much under the influence of his habits, to form any meaningful connection with his son.
    His Pa loved Tom. His Pa's family love Tom.
    I can't believe that it is right and moral that my lovely sons' inheritance will be recklessly wasted on a selfish addict.
    Please advice me.
     
  3. AdValorem

    AdValorem Well-Known Member

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    Hi Kerrie
    If you read the will again you are likely to see a clause saying words to the effect 'to my son but if he predeceases me then to his surviving children'. It is up to you son's father to prepare a will and nominate your son as his beneficiary. If you son was financially dependent on his grandfather he may have a claim.
    You should see a lawyer specialising in wills and estates.
    Regards
    Val
     
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