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QLD Father's Will Left Out Elder Siblings - Offer Payment Plan for Funeral?

Discussion in 'Wills and Estate Planning Law Forum' started by Elani, 9 October 2015.

  1. Elani

    Elani Member

    9 October 2015
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    My father has passed very suddenly and unexpectedly from a sudden heart attack. He leaves behind three children from his first marriage, ages 30-25, and myself and four younger sisters from his second, ages 24-19. He had very little to do with his eldest children (they grew up in Queensland while he raised us in WA) and as adults they had reconnected, but only when they needed a loan or him to buy them groceries.

    My father named me as his executor of will (it wasn't lodged officially, its just a document he had written and signed) and has named me the beneficiary of his superannuation. He makes it very clear that I am to handle his estate in the event of his death.

    To be 100% clear, I want to share whatever comes from his super with my elder siblings: yes, he only existed to them when they wanted something, and he has left them out of his will intentionally, but I feel that he owes them this. It doesn't sit well with me to cut them out, even if they aren't included by him.

    That said, they still insist on being absolute dicks. My father had been dead for about 24 hours when my older brother stood over me for the keys to dad's car! (said car actually had a heap of money owing on it and i have surrendered it to the finance company). He was about 48 hrs gone when they started hassling me for copies of the will (which i have not provided as they are not named and frankly they pissed me off.)

    Tomorrow we bury him. The funeral will cost about $9000. it will be billed to me (executor, woo!) and that is a lot of debt for a 24 year old mother of two who lives pay check to pay check to sort out. The funeral home is aware that I am waiting on my dad's super to come through to pay the funeral however that may take longer than I thought, and should they start harassing me before it does I plan on offering them a payment plan.

    It follows as this: I will pay them $200 per fortnight until the super comes through or the debt is paid. that $200 will be coming from my sisters and I, we will each pay $40 a fortnight into an account that I will create and then I will forward that to the funeral home each fortnight.

    I would like to approach my siblings with this offer: if they want to be part of the distribution of my father's assets (and they don't have to be, he left them out very intentionally) then they need to contribute in the same way my younger sisters are. They need to deposit $40 a fortnight towards dads funeral. that extra $80 a fortnight won't be part of the agreement, it will be extra on top. I know my younger sisters will play along, and so I can guarantee that $200.

    If they don't want to do this then they don't get to be part of the distribution of assets. If they start, and then stop, then they will be reimbursed what they have paid (upon dads superannuation paying out) but again, they won't be included in the final distribution of assets. Of course, they can contest his will, but that means hiring a lawyer, and dragging out a court case they would probably lose, for a potential payout of about $5000, maybe. Am I right?

    Can I do this without hiring a lawyer to write up the agreement? (of course i would love to hire a lawyer, but we are super poor). I know verbal agreements can be legally binding, but after the implied threat of physical violence I refuse to be in a position to talk face to face unchaperoned with my siblings. Any communication between us must have a witness, or be in writing.

    I'm 36 weeks pregnant and frankly i resent how they have made a hard time harder.
  2. JS79

    JS79 Well-Known Member

    2 October 2015
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    I strongly suggest you obtain legal advice as soon as possible.

    It would be important for you to cover yourself with a legally binding document that sets out all the terms that you want to offer to your older siblings (and of course younger siblings) and to make sure there would be no loopholes that could compromise your position.

    Get Connected with the Right Lawyer for You

    Above is a link that you can click on in order to be connected to the lawyer who has expertise in this area of law. You may be able to obtain legal aid assistance.

    Best of luck and my condolences to you on the loss of your father.
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  3. AllForHer

    AllForHer Well-Known Member

    23 July 2014
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    Generally speaking, I don't like to respond to questions posted here with 'get legal advice' because people posting here tend to already know they need legal advice, but in your circumstances, I wouldn't feel at all comfortable saying anything else.

    The stakes in your circumstances are quite high, and any error in agreement can turn into very long and arduous proceedings without any intention of doing so. You need to get a solicitor to write up the agreement and close any possible loopholes.

    You might like to look into lawyers that allow you to take payment out of the estate.
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