NSW Preparing for a Potential Dispute of Mother's Will?

Discussion in 'Wills and Estate Planning Law Forum' started by snoop, 14 May 2018.

  1. snoop

    snoop Well-Known Member

    14 October 2016
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    Ok, the question I have is a funny one. I am wanting to plan for a potential situation whereby a sibling tries to contest our mother's will, or refuses to leave the home. Here's the situation, bear with me it will be long winded...

    My brother owns - with small mortgages on each - 3 houses. The average price he paid for each house has been well under 200k, each house now is worth well over 600k with one property being a double block having a value at approx 1mil. In addition to this, he owns outright a block of land which is just under 4000m2 which has a value of at least 500 to 700k.

    He is a single parent who god knows how has managed to obtain full custody of his kids through 2 divorces and not lose one property. Each house he has lived in he has trashed. His current house is now unlivable and through hoarding is a mess so he has now moved in with my mother. This move happened a couple of years ago.

    The past 12months she has been asking him to leave as it is all to much for her as he has his 4 kids there as well. He is refusing to leave. He claims they are a family in crisis and he is on some sort of pension...for the life of me I don't know how he has the pension with the total cost of his assets but he has it. He doesn't rent any of the houses out so technically he is not earning an income from them.

    My question here is, can he - if mum passes whilst he is still there - claim a higher portion of the estate or claim the house as his? Mum's will states all here assets are to be sold with the proceeds being split evenly amongst her kids. I know she has cash in the house as well...and he knows this.

    He has already told her he doesn't know why she is hoarding her money and doesn't understand why she can't help him out. Given this statement I am now concerned he is going to create havoc when it comes to settling her estate.

    Any help on what prep I can do to mitigate any costly litigation down the track?

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