VIC Former Executor of Will Challenging the Will?

[Transporter]

Hi All,

I am a benefactor of a estate where the deceased passed way in December 2015. We received notification that I was in the estate in March 2017 where I was asked to attend Mediation. Now my understanding is that in order to attend Mediation, probate needs to be granted and a statement of assets and liabilities needs to be provided. When I requested this, I was attacked on a number of different occasions via the the challenger's lawyer.

Now I have been given notice that the former executor of will is challenging the will in court, claiming that the deceased told her she would get everything. The current executor is claiming to have witnessed this.

What is the likelihood of they case being successful in court?

Sorry about the spelling. I am just in total shock that this is happening.

 

[winston wolf]

This probably needs some clarification.
You are a beneficiary(someone named to receive in a will)? Not an executor?
You weren't told you were a beneficiary until some 1.5 to 2 years after the passing?
You are a beneficiary butt attended mediation? Normally only executors and legal council attend?
What is your relationship to the deceased?
The niece was the executor and is now contesting the will?

Is this a Family Provision claim or something else?

 

[Transporter]

This probably needs some clarification.
You are a beneficiary(someone named to receive in a will)? Not an executor?
You weren't told you were a beneficiary until some 1.5 to 2 years after the passing?
You are a beneficiary butt attended mediation? Normally only executors and legal council attend?
What is your relationship to the deceased?
The niece was the executor and is now contesting the will?

Is this a Family Provision claim or something else?

Good Evening,

Yes I am a beneficiary, I am not an executor.
That is correct it was 1.5 to 2 years before I was told that I was in the will
I am a beneficiary but I have not attended Mediation, I was asked to attend but there was no Statement of Assets and Liabilities and the property had not been solved
I am a great nephew of the deceased
That is correct the niece was one of the executors and is now contesting the will.

i am not sure if it is a Family Provision.

Kind Regards,

 

[winston wolf]

Do you have a copy of the will?
You are entitled to a copy. They can charge a fee to copy and post.

 

[Transporter]

Do you have a copy of the will?
You are entitled to a copy. They can charge a fee to copy and post.

I do have a copy of the will, everything is to be split equally between all beneficiaries.

 

[winston wolf]

Any explanation why it took so long to notify you?

 

[Transporter]

Any explanation why it took so long to notify you?

They were looking for another will which they believed excluded most other beneficiaries.

 

[winston wolf]

Well it all sound very irregular.
They could have informed you earlier but didn't out of self interest.
The chance of them getting further provision will come down to the relationship and "need" of the neice and the testatrix.
If they were close and the neice can demonstrate greater need than the other beneficiaries she could get more.
If there a any children they would have an even greater claim.

I can't see there is much you can do. The estate would need to be quite large for it to be worthwhile to get your own representation.
I would recommend seeing a lawyer to get some advice from someone with all the fact before them as this is a bit different from most as you have executors claiming and the parties are not children or partners of the deceased.

 

[Transporter]

Well it all sound very irregular.
They could have informed you earlier but didn't out of self interest.
The chance of them getting further provision will come down to the relationship and "need" of the neice and the testatrix.
If they were close and the neice can demonstrate greater need than the other beneficiaries she could get more.
If there a any children they would have an even greater claim.

I can't see there is much you can do. The estate would need to be quite large for it to be worthwhile to get your own representation.
I would recommend seeing a lawyer to get some advice from someone with all the fact before them as this is a bit different from most as you have executors claiming and the parties are not children or partners of the deceased.

Thank for your help there are no children at all, the neice owns her own property and from what I can tell has a investment property as well.

I guess the courts will need to decided, I just hope they take into account the conduct so far as to how she has handled this situation

Kind Regards,