QLD Do Sibling Have Grounds to Contest Will?

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Jonah Whale

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26 November 2016
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My father had 4 children (3 children from his first marriage which ended in 1969) and myself from his second marriage with my mother. My father passed leaving me as the sole beneficiary, excluding the other 3.

The children from his first marriage have said they will contest the will. His will issued with the public trustee states in Point 7 " I give the whole of my estate to (me) absolutely. His wishes sound clear, so do they really have strong grounds to challenge?
 

winston wolf

Well-Known Member
21 April 2014
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Adelaide
changefpa.com.au
Hi Jonah

It's not actually a challenge but generally called a Family Provision claim. All states and territories have a form of this law. Simply it says that you must provide for certain people if they need it when you die. Children no matter what age fall into this category.

It will come down to your need versus their need. "need" is a hard thing to pin down but unless they have no "need" for more money get ready for a long, painful, expensive battle.

BTW what he wrote in his will has virtually no influence on the outcome (see link at bottom of post).
 

Victoria S

Well-Known Member
9 April 2014
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Hi,

I agree with Winston Wolf, its a family provision application, so your half siblings must prove to the court that their father made inadequate provision for their needs, not that there is something wrong with the will itself. In some cases, where testators have set out reasons for excluding family members from their wills a court has respected this.
 

Jonah Whale

Member
26 November 2016
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Thanks Winston Wolf and Victoria.

My father didn't actually provide for their needs, however, all siblings are financially well off. One is expecting a million dollar superannuation payout, another's house is valued at over a million dollars.

My father`s reasoning was they are financially well off and have no dependents currently living with them (grown up children now). I have two dependents under 16. This was my father's reasoning.

Do they still have a case or is their financial position a disadvantage in this situation?
 

Victoria S

Well-Known Member
9 April 2014
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Obviously it's impossible to determine what a court will determine based on all the facts and circumstances surrounding the matter. Yes, there is a chance they may get something, but as you say their stable financial position is not favourable to their case.
 

winston wolf

Well-Known Member
21 April 2014
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894
Adelaide
changefpa.com.au
Never a truer word said "it's impossible to determine what a court will determine" but going by what you have said it would be surprising if they had a successful claim.

Having said that if they have health issue then that would be in their favour and their wealth will be measured in comparison to the size of the estate.