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TAS Contesting a Will in QLD - Put on Caveat?

Discussion in 'Wills and Estate Planning Law Forum' started by Jenny P, 26 July 2015.

  1. Jenny P

    Jenny P Active Member

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    I am helping my cousin re caveat on will. There were doubts of the capacity to make will and effect. My cousin was not identified in the will as Testator's stepdaughter (of 25 years) and was left 25%. Other beneficiaries named "my sister" 50% and 'my niece" 25%.

    Play on surnames as all different. The niece is actually the daughter of 'my sister', so 75% to one family in New Zealand who has had no part of my cousin and her stepfather. The will reads like a stocktake list for an interstate removal company, even photos and clothes and car given to sister in NZ.

    Sister tells the solicitor doesn't know who my cousin is and gives no details of contact. We discover the testator and sister disposed of all bequeather 'items' prior to death? Notional estate? as new will less than year of death and all items now valued at $0.

    For memory loss of 25 years of being a father, do you think I have valid claim for caveat? My cousin is virtually homeless and suffering mental illness as opposed by wealthy NZ family. Do I have grounds cancelling probate on will?
     
  2. Michael T

    Michael T Well-Known Member

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  3. Jenny P

    Jenny P Active Member

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    Dear Michael, I put a caveat on the Will in March. In june rang court to find out why taking so long for their issue of form 117 to the caveator and the Executor of Estate (sister of Testator). Court apologised and said administration error. So form 117 sent in June and subsequently I sent form 118 notice of support of caveat. The solicitor of estate and Executor not too happy and threatened us with legal action. They were none too cooperative in trying to resolve the issues. They have subsequently applied to court to have caveat removed.

    Hearing been listed for October. Amongst the evidence supplied to the court was a requisition report from the Court to the solicitor explaining the 'administration error'. Court's computer search system did not find the caveat I lodged due to misspelled name of deceased (court error not mine) so Grant of Probate was issued in April, but I was not informed of this.

    What we suspect is that there WAS a large family inheritance in NZ that was not disclosed to the QLD lawyer by the Executor. With the death certificate and Grant of Probate I can only imagine that what ever my cousin was due in NZ for being the 'child' (and not stated on the Will) has already been transferred to the Sister's name.

    So at hearing I am going to request an order be made to obtain the evidence from NZ (that is Deceased Estate tax lodgement of Assets, etc for the 'parents' of the testator who died in 2002 and 2010. I recently got copies from NZ of both the parents Wills, which give indication of substantial assets left to the deceased and his sister. So wish us luck.
     

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