QLD Father's Will - Are We Entitled to His Half of the House?

[Tim W]

Think and read about a thing called a "Family Provision Claim".
While I defer to my Queensland colleagues
for their greater knowledge of how such claims operate in that state,
might I suggest also that you may find this link from our LawAnswers blog helpful.

 

[winston wolf]

If the home was owned as joint tenants between your father and his wife the house is not part of the estate and you cant claim on it in QLD.

 

[chris johnston]

Thanks for your reply. I will be seeking a family provision claim. I think I still have this avenue to go down hopefully.

 

[chris johnston]

Appreciate your response Tim. Someone answered one of my other questions and said because they (my father and his wife) were joint tenants, I won't be able to use this in claiming anything. I was thinking his wife would have to pay us out of her own personal funds or sell the property to pay us out.

I don't feel very confident at the moment. I will be going to a solicitor next week to hopefully get a case started if it is accepted. The silly thing is, his wife has put us in her will when she dies and she thinks we should be satisfied with that but my father was 79 and she is 48, a year younger than myself, so she knows that she will out live myself and my two sisters so it's just a kick in the face for us.

Thanks.