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NSW Mother's Will - Possible Family Provision Claim from Estranged Brother

Discussion in 'Wills and Estate Planning Law Forum' started by Sydney, 28 November 2015.

  1. Sydney

    Sydney Active Member

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    My mother has recently passed and I am the executor of will.

    We purchased a house together 20 years ago and have a joint mortgage, although I have paid all of the mortgage repayments. We lived in the house together and I believe that it is as tenants in common, not joint tenants.

    In 2011, my mother's health deteriorated and I had to leave my full-time employment with the same employer for 16 years to become her full-time carer. I have struggled on a carers payment/allowance but have always paid the mortgage repayments. We went halves in other bills including rates, electricity, house insurance and groceries.

    She has left me her share of the house in her will and it is also stated in a codicil, although the codicil pre dates her last will and testament. She has left an amount of monies stated in the will to her 3 grandchildren and any residual to my brother.

    My brother and my mother have not seen eye to eye for many years and he has never offered to assist with her caring needs whatsoever. She has also given him large amounts of money over the years, he is very well off, has retired at the age of 52 and is living in Asia.

    He contacted me on the day of her death demanding to see her will and to provide him an indicative figure of what he will receive as residual. I did provide him with a copy of her will. He is very selfish and I have evidence of previous texts that he has sent to my mother asking her to advise him of what he will gain monetary-wise upon her death. This used to upset her and she never committed to any amounts to him.

    I know that he will get legal advice and will seriously consider contesting her will and make a claim under family provision for his half of her share in the house.

    What worries me is that he is financially able to afford the costs of a lawyer, etc., and I have no finances to defend myself against the claim. I have researched the requirements of the family provision act and I am confident that he can in no way meet the criteria due to his estranged relationship with her over many years.

    I have also paid for major renovations to the property and have had decks built

    Based on the above information, I was hoping that I may be able to get some help from this forum.

    Thanks in advance.
     
  2. winston wolf

    winston wolf Well-Known Member

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    Hi Sydney

    I would first say don't get too stressed yet as no claim has been made and no claim may be made.
    As a beneficiary and son he has the right to a copy of the will.
    His estrangement has little effect in his right claim but his financial position does.

    He may cause you some grief and a bit of cost, but from your description I doubt he would have much luck.
    Hopefully he will get the same advice and let it go.
     
  3. Sydney

    Sydney Active Member

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    Hi Winston,

    Thank you very much for your reply.

    Unfortunately he is a very vindictive person and I believe that there is also allot of jealousy because of my close relationship with our mother. She also knew that he would try and create problems for me after her death hence the reason why she made me sole executor and stipulated that her share of the house was left to me in her last will and testament.

    I guess all I can do now is wait and see what happens and seek further legal advice should he decide to make a claim. Thanks Again.
     

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