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NSW Mother Changed Will - Securing My Inheritance?

Discussion in 'Wills and Estate Planning Law Forum' started by Unsure beneficiary, 29 November 2015.

  1. Unsure beneficiary

    29 November 2015
    Likes Received:
    My mother recently changed her will and severed a joint tenancy with her husband (my stepfather) to provide greater certainty of me getting an inheritance (only child from previous marriage). The property is their residential property and the only property they own. They have been married 22 years.

    My mother is terminally ill with limited time left. She was advised he can still make a claim against her estate and my stepfather has indicated that he intends to do this. She had very valid personal reasons for making these changes and would like to know if there is anything else she can do prior to her passing to minimise the chance of him successfully contesting her will.

    Can she put a supporting letter stating why she has done this or alternatively would she be able to sell her share of the property to me for a nominal/small amount? Would that stop him from having grounds to contest?

    Any help would be welcome.
  2. winston wolf

    winston wolf Well-Known Member

    21 April 2014
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    Sounds like a bad situation all round.
    There is no way to stop his claim.
    If the home is worth enough for it to be sold and his half is enough to provide him with a decent home that would weaken his claim.
    If she transfers the her share to you, she would still need to survive 3 years. Otherwise it could be deemed notional estate(NSW only) and available for him to claim.
    If he makes a Family Provision claim(that what its called) expect to loose 10-30 percent of the estate on legal costs.
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