VIC Grandchildren and will

[Jinx]

Hi All,


Hoping to get some advise on my recently deceased grandparent in regards to a vacation home shared across families. We are located in Victoria. My grandparent was living with my aunt and left her share to my aunts children; my adult cousins (4 ppl) while nothing was left to the remaining grandchildren (6 others). It is thought that this is because they somehow cared for her more so than the grandchildren who didn't live with my aunt. However this is debatable because my cousins also have or do live away in their own homes. I hope this makes sense but happy to clarify if needed. I just want to know if this is something worth pursuing or am I way off the mark. Do I and my other 5 cousins have a claim?

Thank you kindly

 

[Luiza]

Hi Jinx

You could make a so-called claim for family provision against your grandmother’s estate if you think you are entitled to a share of the estate (grandchildren are eligible persons to make such claims). However, to be successful, you would need to show some level of dependence on your grandmother on maintenance and support.

Claims for family provision are quite complex so you would need to give detailed instructions on your circumstances to your solicitor for him/her to properly assess your prospects.

Quite often when people make family provision claims the executor settles them so the matter does not proceed to court, so it may be worthwhile to discuss the matter in more detail with a legal practitioner.