SA Get Back Our Mother's Estate Left To Us In Her Will?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now
24 November 2014
1
0
1
When my mum passed away she was married for 15 years to my step father, her will requested all her assets were to be divide between her children. As we had a good relationship with our step dad we did not touch her estate on the proviso my step father would leave her estate to us in his will. He re-married but we also had a good relationship with his new wife . He has since died and his wife's Daughter redid his will on the eve of the marriage and we did not get my mother's estate. do we have any legal way of getting back our mother's estate , and is it legal that the woman who re did his will had a vested interest in his estate as he was marrying her mother, ( she is a law clerk ) . Also my step dad had , had 2 strokes before marrying this woman and re doing his will.
 

Victoria S

Well-Known Member
9 April 2014
518
58
2,289
Hi Lindsey,
This seems like a complex situation that you should get some personalised legal advice from a lawyer about.
Was your mother's property transferred into your names (the names of her children on the property title) after her passing?
 

Sarah J

Well-Known Member
16 July 2014
1,314
250
2,389
Melbourne, Victoria
Hi Lindsey,

This is a complicated matter so you should probably see a lawyer experienced in wills and probate.

Whether you can contest the estate depends on a number of questions, including:

1. When your mother passed away, did she have a will? If so, who was the executor? Do you have a copy of the will or can you obtain a copy of your mother's will?
2. In what capacity was your father holding your mother's estate? By "estate" do you mean property or do you mean other assets as well? If property, was the property owned by your mother and step-father as joint tenants or tenants-in-common?
3. How long ago did your mother pass?
4. Can you obtain a copy of your step-father's estate? Did your step-father also adopt you or was he just a step-father by marriage?