VIC Possible for Third Child to Win in Contesting Will?

[petermark]

A man has three children and two houses. In his will, it says: "I give one house to the third child, and one house for other two." This will is signed by only a JP, but the local law requires 2 witnesses, and he transferred the house to his third child.

So when he died, he only has one house under his name.

If the third child asks to get 1/3 of the second house, will he win?

 

[winston wolf]

The judge would take all thing into account, including the gift of the house. This would reduce any claim by by the third child.

The validity of the will is another issue. If the will was deemed invalid the deceased would be intestate and the rules if intestacy would apply. Having said that an intestate estate can still be challenged through a family provision claim.

 

[Victoria S]

I agree with @winston wolf, a court will take everything into account, and if the will is not valid and it becomes a case of intestacy then children will get equal shares, however this can be challenged by other children.

 

[Jacqui Brauman]

If that wording was used, then the Will is too vague. If the address of the house was used, and it has already been transferred, then the gift has adeemed. If the third child has already had the house transferred, then it could very well be argued that they've already had their share, but it will also depend on their ongoing financial need and the financial position of the other children. A lot also depends on whether this Will is even granted probate, or whether there's a previous Will that is reverted to.