QLD Equal share of estate

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Henry 01

Member
25 January 2020
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There is myself and one other sibling.Our one living parent has recently died.The will has not yet been read.
Are we each entitled to half of the estate. In the case of it being left unequally in favor of my sibling, am I able to challenge this as I am expecting this to happen.
 

unique

Well-Known Member
17 March 2019
48
1
124
Do you know who the executors are?
From my very limited knowledge, as a child of the deceased, you are entitled to see the will
When is the Will going to be "read"
 

Rob Legat - SBPL

Lawyer
LawConnect (LawTap) Verified
16 February 2017
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2,894
Gold Coast, Queensland
lawtap.com
Wills don’t get ‘read’ like you see in the movies, unless someone specifically asks for it. I’ve never done it, don’t know anyone who has said that they’ve done it, and never had anyone actually ask for it.

You’re entitled to a copy of the will so ask for it. Read it through carefully. If you don’t receive an equal share, look for any reasoning that there might be in it. Do all of this and consider the situation fully before deciding to contest. Parents don’t generally leave unequal shares without a good reason.
 
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Jacqui Brauman

Well-Known Member
15 January 2016
53
20
264
Victoria
www.tbalaw.com.au
If your parent died without a Will, then the two of you would be entitled to the estate equally.
However, your parent can do whatever they like in their Will.
Whether you have a likely claim against the Will for further provision, if the split is unequal, depends on a lot of factors. For example; your relationship with your parent, your financial situation, your health, whether you've contributed to the estate of your parent, and also any views your parent had on making an unequal gift.