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NSW Cousin's Inheritance - Uncle's Step-daughter Contesting the Will?

Discussion in 'Wills and Estate Planning Law Forum' started by lois, 23 July 2015.

  1. lois

    lois Active Member

    23 July 2015
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    My cousin was left everything by his father as his inheritance in March 2014, but the will has been contested by a woman whose mother was married to my cousin's father in 1973 for 12 years. He did not adopt her as she had a father. This woman was 16 when my uncle married her mother and they lived in her mother's home. She was there for approx. 4 years.

    Both my uncle and his new wife made a verbal agreement that should either die then the other should leave and not claim on the estate as it was to go to their children. This wife died and my uncle moved out and got nothing even though he paid all the bills. Her daughters got all the money from the sale of the house. It is now over a year and this woman is still contesting and the money is coming out of the estate.

    My cousin is now in care with vascular disease and needs every penny. She is a gold digger and is continually writing affidavits. Surely something can be done to get rid of her. She has been offered money but she wants half of the estate.

    Does the legal system always take this long to sort things out, like contesting a will?
  2. winston wolf

    winston wolf Well-Known Member

    21 April 2014
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    Hi Lois

    Unfortunately it looks like you are suffering one of the worse types of family provision claims.
    I wish I could offer some advice that could halt the claim.
    From your description she has little chance of success and may have to pay her own costs, although the lawyers are probably on "no win no fee".

    Yes these things take a long time, on average 2 years and this will cost the estate a great deal of money.

    Ask if you have more questions as understanding the process can help reduce the stress.
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