QLD Early inheritance

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iks1970

Member
20 August 2020
3
0
1
My father in law passed away mid 2019 and is survived by 2 children, my wife and her brother, who lives interstate. My brother in law went through a divorce in 2007, and my FIL gave him $300K out of his inheritance for bills and to purchase his house. My FIL changed the will outlining that my BIL received $300K early, that my wife would get $300K from the sale of the house, and that anything leftover would be split evenly. Now, my FIL was unable to drive, and for about 14 years my wife helped him get around, taking him shopping, to friends places, doctors appointments, movies, etc. About 6 years ago, just after giving birth to our second child, my wife got ill and was unable to work for over a year. Over about a year and a half period, my FIL gave my wife $100K to help us with medical and other bills. He did not change the will and told my wife that the payments were a gift for all the help she had given him, and the fact that the money was for medical bills not for buying property.

The house was recently sold, and after everything is paid, it looks like there will only be about $300K in the estate, which will go to my wife. But, while cleaning out my FIL house recently, my BIL found a note detailing the gifts to my wife, and now says that he should get half of it. This has caused a lot tension between my BIL and my wife. I've tried to explain to him that it was a gift to help us when my wife was sick, that my wife helped their father a lot, and that given he received his inheritance 13 years ago it is worth a lot more in today's terms.

My BIL has now remarried, and has a spouse that earns well, but he suffers some mild depression and only works part time.

My wife is now worried that he is going to contest the will if we don't give him $50K. So, my questions are:
  • Can he contest the will, or do any other form of legal proceedings?
  • Would he be able to use his health as a reason to contest?
  • Would the fact he got his inheritance early be considered?
  • Would the legal costs come out of the estate (i.e. my wife's portion of the inheritance)?
 

winston wolf

Well-Known Member
21 April 2014
424
115
894
Adelaide
changefpa.com.au
  • Can he contest the will, or do any other form of legal proceedings?
    Yes Family Provision claim. It comes down to need.
  • Would he be able to use his health as a reason to contest?
    Yes, But weighted against the health of you and your wife.
  • Would the fact he got his inheritance early be considered?
    Yes but that is already covered in the will.
  • Would the legal costs come out of the estate (i.e. my wife's portion of the inheritance)?
    Probably

    Do you think he would go away for $20k might be a cheaper option.
 

iks1970

Member
20 August 2020
3
0
1
Thanks for the info Winston.

It looks like he knows he doesn't have a chance going the legal route, so he's now taken to threatening (via email) to tell everyone we know (extended family, friends, my family) that my wife coerced my FIL to give her the money, to turn them against her, unless we give him $50K. Is this defamation or blackmail? I don't want this to go too far, but I just want him to leave us alone at this point.
 

winston wolf

Well-Known Member
21 April 2014
424
115
894
Adelaide
changefpa.com.au
Defamation law is not my thing. But my understanding defamation is a tough sell.
Stay out of it and see if he actually does anything of substance.