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TAS Father's Stepchildren Contesting a Will - Getting Our Fair Share?

Discussion in 'Wills and Estate Planning Law Forum' started by Tony Barker, 22 July 2016.

  1. Tony Barker

    Tony Barker Member

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    My father passed away recently. I`m one of four siblings to his first marriage. His second wife passed away 5 years ago. After they were married, she sold a property and invested money with my father. Her will leaves the estate to my father. In his will, he leaves the entire deceased estate to his 4 children from the first marriage. The two stepchildren are contesting a will, which I don`t think is unfair, but they are asking for 50% of the estate which includes the sale of his family home.

    I feel the estate should be divided into 6 parts and shared. They have engaged a lawyer and have informed us of their intentions. I was more than happy to try and come to a mutual deal but I feel that they are being unreasonable. We don't really want a costly legal battle as the estate is not a great amount, approximately $250 000.

    How should we go about getting what we feel is our fair share?
     
  2. Sophea

    Sophea Guest

    There's no easy way. It's negotiation or court battles, and when one side is unwilling to budge the only way of mitigating a court battle is accepting a lower amount. The money either goes to them or your lawyers.

    Make sure you have got a good lawyer who can at least push back as hard as what they are pushing and they might come down a bit. What a court will determine depends on a multitude of factors including their personal and financial circumstances so it's impossible to say whether they will be successful in their claim for 50%
     
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