QLD New Will defames main beneficiary of previous will

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

S King

Member
3 July 2020
2
0
1
My father made up a new Will during stage 4 cancer 4& a 1/2 months before he died. My inheritance went from 80% in previous Will down to 10%. My brother's went from 20% to 70%and the remaining 10%to new beneficiaries,relatives of the new executor.The new will incorrectly states my name throughout the document and several defamatory and very hurtful lies(which I can legally prove) are the basis for the drop in inheritance. Is this fraud?The new Will has included 6 new beneficiaries beyond my brother and myself. The will incorrectly states these new beneficiaries as family, when they are in fact his step sisters relatives who occasionally accommodated him in their house as he was receiving chemotherapy and lived several hundreds km away from hospital. His step sisters husband is executor on the new will . He told me that he had engaged and organised the services of a solicitor he'd used in the past himself to draw up a new Will for my father. The night before the funeral of my father the executor threateningly (got in my face finger pointing)told me that I needed to trust him, have patience or he could make my life very difficult regarding the distribution of inheritance. I was unaware of the new Will. Executor never informed or made contact with me after the funeral. I made contact with him several months after funeral in a distressed state I'm socially isolated and in a DV relationship and he was rude and unhelpful. I contacted my uncle who is My father's brother who was the executor of previously drawn up will 17 months later to ask if he knew of any details about the will, he expressed sadness for me and questioned the newly added beneficiaries. He was shocked to find out I had not been informed of new will contents, probate or anything. He promptly sent me a copy. It was too late for me to respond or challenge the Will. I received my share 6 weeks after everybody else and I had to chase it up. my father died 2016, executor went on 2 holidays before applying for probate August 2017, estate sold December 2017. I left it too long it has crushed me
 

Rod

Lawyer
LawTap Verified
27 May 2014
6,640
919
2,894
No action can be taken against your father for what he wrote in his will.
 

S King

Member
3 July 2020
2
0
1
I believe there may have been undue influence by executor of the will as he assisted him by organising the new will drawn up and benefitted. My father was stage 4 Cancer , operations from pneumonia complications, receiving chemotherapy and on increasingly large amounts of of OxyContin.
What of the executor is it too late to look into potential fraud?
He denied me my legal rights as a beneficiary.
 

Rod

Lawyer
LawTap Verified
27 May 2014
6,640
919
2,894
You need to see an estates lawyer in QLD asap.

I'm not in QLD and do not know the applicable timeframes.

You are probably correct but time is not on your side. Get help asap.