WA Disinherited but an Only Child - Do I have Property Rights?

[joeblog]

Hi
I have just found out through a relative that I have been disinherited from my father's estate.I am his only child. Do I have any legal right to his estate as an only child?

He does not have a spouse as she had died 20 years ago. They had no children. He told me several years ago that he was leaving it all to charity, but he has since changed his will and is leaving a portion to my children, which they will not contest if they receive a reasonable portion of his estate as an inheritance.

If he leaves his estate to others or a charity without leaving me anything, do I have any property rights under property law?

THANK YOU.

 

[ClareB]

Hi Joe,

There is currently no legal case.

However, when your father does pass, you can choose to contest the Will as a child of the deceased.

You will need to apply to the Supreme Court of WA to alter the Will. You will need to prove your relationship to your father, why you believe you are entitled and why you believe the Will does not provide well enough for you.

I strongly recommend that you seek independent legal advice before commencing any applications.