My grandmother passed away March this year and left her home and estate to myself, my brother and my cousin. My uncle (her Son) is contesting her wishes wanting half of the estate and her house. In the past he had to declare bankruptcy, he was abusive to his wife and daughter, he was a gambler, lost his and his brothers inheritance and had been incarcerated for drug trafficking. The public trustee is the executor of the Will. We have said no to his demands. Is there anything more we can do to protect our grandmothers Will and her wishes for us?
QLD Non-beneficiary contesting Will
- Thread starter AmRaf
- Start date
It’s up to him to start an action within the required time period (12 months?). He may have a legitimate expectation, especially if your grandmother‘s will was silent as to why he isn’t receiving anything. The Public Trustee will need to make a decision about how to deal with it - ask them for their policies on how they intend to respond if he does make a claim.
Thank you for your reply! Really appreciate it. He has started an action and will probably receive something unfortunately. We have also engaged a lawyer and will try to settle and keep this out of court. It seems in the eyes of the law this scumbag is entitled to something.
probably yes, since he is a son of your grandmom. As far as I read, spouse, children and dependent are allow to contest and may able to receive depends on the agreement. You can read it at orglaw.com.au/legal-services/contesting-a-will. I'm not allow to add a link or site. Visit that if you want to know more about it. Good luck!
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