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:

NSW Contesting a Will - Options for Father?

Discussion in 'Wills and Estate Planning Law Forum' started by nathan22, 1 March 2016.

  1. nathan22

    nathan22 Member

    Joined:
    1 March 2016
    Messages:
    2
    Likes Received:
    0
    My grandmother passed away over 12 months ago. She had left money to me, my brother and a friend of my grandmother and her son. The friend was made executor of will and would not tell us any details on the will.

    The solicitor that was handling the will as well told me and my brother that we had to wait until probate was done before we could see what was left to us. So we did wait and we then found out that our father had been left out of the will for some reason.

    What the family would like to see is that my father gets any and all of the money from the will seeing he is the only son.

    My question is. does my father have any way of contesting a will and taking this to court to fight for what should be his?

    Thanks
     
  2. Sophea

    Sophea Well-Known Member

    Joined:
    16 April 2014
    Messages:
    2,300
    Likes Received:
    334
    Hi nathan22,

    Normally a family provision application exists for situations such as this, however there is a time limit which is 12 months from the date of death. It would appear that this time has expired. In very few cases, the court exercises its right to extend the time limit if you can argue sufficiently extenuating circumstances however these cases are limited.

    Also, whatever money your father would be awarded would come equally off what you and your brother inherited as well as your grandmother's friend. It also costs a great deal of money, which may not justify the purpose.

    Check out this article for more info: Family Provision Claims - Contesting a Will? (QLD) - Legal Blog - LawAnswers.com.au
     
  3. nathan22

    nathan22 Member

    Joined:
    1 March 2016
    Messages:
    2
    Likes Received:
    0
    Hi Sophea

    Thank you for your reply. I thought it may be too late.

    My dad was not sure what time he had and was not getting far with talking to the solicitor looking after the will.

    Thanks for your time.
     
  4. winston wolf

    winston wolf Well-Known Member

    Joined:
    21 April 2014
    Messages:
    347
    Likes Received:
    101
    I would say that as you were given misleading advice from the solicitor that you couldn’t see the will until after probate( if I read you post correctly) you are in a very good position to have the time for a claim extended.

    If he contested the redistribution could be any combination the judge chose so as Sophea said it could affect other beneficiaries.

    The estate would need to be worth enough to justify a $100k-150k legal bill.

    If you are going to do any thing you had better get cracking.
     

Share This Page

Loading...