LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

VIC Contesting a Will for Grandkids?

Discussion in 'Wills and Estate Planning Law Forum' started by Poppylovechild, 1 June 2015.

  1. Poppylovechild

    Joined:
    1 June 2015
    Messages:
    1
    Likes Received:
    0
    Hello,
    Husband X passed away just over 12 months ago, leaving wife K and two youngs kids, in a very bad financial situation. Husband's father passes away just recently, leaving sociopathic mother in law who claims only will makes her sole beneficiary and executor. Deceased estate is significant. Grandfather offered to help K, if she needed.

    Does K, have grounds for contesting a will for provision for kids' education?

    Does probate need to be sorted for the will be be deemed valid, or is there any way she can get out of going for probate and still be paid as sole beneficiary?
     
  2. Tim W

    Tim W Lawyer

    Joined:
    28 April 2014
    Messages:
    1,713
    Likes Received:
    402
    The first thing you need to do is work out whether or not there is a valid will.
    This will include making an application for probate, yes.
    The grant of probate is the legal mechanism that shows that the will is valid.

    As to anything for the (grand)children - that's a thing called a "Family Provision Claim".
    It can be complex.
    I suggest that in the circumstances, you may need formal legal advice.
     

Share This Page

Loading...