LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

QLD Inheritance from Grandparents - Can Uncle Contest the Will?

Discussion in 'Wills and Estate Planning Law Forum' started by Shift_unfortunate, 3 July 2015.

  1. Shift_unfortunate

    Joined:
    3 July 2015
    Messages:
    1
    Likes Received:
    0
    Hello, thanks for looking this over, I will be asking a question for my parents.
    My Grandmother had three children (all aged 50+ now) when she passed she left here estate to her de facto partner.

    Unfortunately recently he has passed, leaving his estate ($300,000) inheritance.

    1/3 to one of my grandmother's children
    1/3 the second child
    1/3 to the third's two children (Nothing to the father. This was also the wishes of my Grandmother)

    Now said third child has been a burden on the family his whole life. He didn't raise his children, has a drug / alcohol problem and lives off everyone's taxes. On the death of my grandfather, he thought he struck rich.
    Here is the situation he is a step-child (aged 50+). My grandfather owned property in QLD. But spent the past 2 years of his life (being looked after by child 1&2) in Victoria.

    Probate has been issued in QLD the the last known address in Vic
    1) Can my uncle contest the will in QLD or Vic?
    2) From what I understand, he stands a better chance in QLD?
    3) My parents are financially secure, he is not. Does that help his case?
    4) Providing for him is directly against my grandparents' wishes (the money will be gone in weeks). Does the court take this into consideration?

    Sorry for the long winded question, just wanted to give as much information as possible. At the end of the day it's not huge $$, my family just doesn't want my grandparents money wasted in the legal system or worse.

    Regards
     
  2. Sarah J

    Sarah J Well-Known Member

    Joined:
    16 July 2014
    Messages:
    1,314
    Likes Received:
    243
    Hi there,

    Your uncle, as a child of your grandfather (even if he is a stepchild) can contest the will by making a family provision claim. Since the probate was granted in QLD, he would probably contest it there.

    Take a read of "Family Provision Claims - Contesting a Will [QLD]" for more information.
     
  3. winston wolf

    winston wolf Well-Known Member

    Joined:
    21 April 2014
    Messages:
    347
    Likes Received:
    101
    Hi

    Sarah J has answered question 1 & 2,
    The answer to question 4 in short is yes.
    Question 5 as to whether he is capable of using any inheritance wisely is tricky. The court could create a trust but from what I've seen the bar to prove you have changed you ways and are responsible is not that high.
    The saddest part is the cost on a $300k estate will be at least a third.

    Cross you fingers he wont contest.
     
    Sarah J likes this.

Share This Page

Loading...