NSW Grandparents estate

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Mark123.

Member
2 March 2023
1
0
1
My grandmother passed away a few weeks ago. She had three daughters including my mother who died in 2017. My grandmother told my dying mother that her will was set up so my brother and I would inherit her share. Unfortunately my aunties turned on me after mums death and my grandmother changed her will 6 months later. She left us a small gift in comparison to the estate value. In the current will it states that if the remaining two sisters die their children inherit their share. My aunties got into my grandmothers ear and made her change it, I have no doubt of that. Is there anything I can do?
 

Nighthelyn

Well-Known Member
24 September 2014
103
12
414
Sydney
Dear Mark123,

You will need legal advice.

Your options are usually,
a. Demand and negotiate with the grandmother’s estate for a change in the share (which you indicated probably won’t work, assuming your aunties are the executors);
b. Lodge a family provision claim - if your brother and yourself are financially lacking and require court intervention; or
c. challenge the will - e.g. on the ground the later will was invalid on some technical ground, or some such - you will need significant evidence (grandmother’s statement to your dying mother probably not sufficient).

This is costly and difficult - there is no law against someone changing her mind in her estate.

My condolence. Good luck!

-Nighthelyn