VIC Sister Contesting Father's Will - Any Recourse?

[moo]

My husband (executor and trustee and major beneficiary) of his father's deceased estate is fighting a will contest brought on by his only sibling (sister) who is living overseas.

He has responded (through his lawyer) to her affidavit (through her lawyer) with proof to lies and no knowledge of certain areas of her father's life (after being estranged from him for 4 years). She has stated many falsehoods and assumptions which have all been discounted by my husband by letters, phone records, and many other documents of proof. She has not produced one document of evidence to support her claims (of her needs not being sufficiently provided for in her fathers will).

She has been asked twice to produce and now as my husband has responded to her affidavit she is now under orders to bring forth her bank statements, rent statements, passports, medical records, Centrelink payments, bills etc.

My husband was left the unit (she was left a fair amount of money along with a couple of other relatives) in his father's will (we have been renting it for the last 4 years) and have made renovations to it to bring it up to standard of living.

He got 2 valuations to the property for probate purposes and now sister is contesting she believes it was undervaluated. She is wanting half the deceased estate and wants to get her own valuation done on the unit but wants the real estate agent to be able to come inside the unit for a proper valuation.

My husband doesn't believe they have to right to come inside as it is our private domain and she does not have any right to know our business. His lawyer respects our wishes and said we are within our rights.

Can anyone on here please help if this is correct and with all the dishonesty she has been giving in her affidavit, would she really have any chance to make him sell the unit (his father clearly states in his will the reason why she has not been left as much as my husband)?

 

[winston wolf]

Hi moo,

Sorry it's turned ugly.

From what you've written it has become very emotional. As hard as it is try and keep a lid on you anger as it will cost you a lot of money.
Affidavits are a great way to burn money with little effect.

She must demonstrate her financial position, failure to do so will reflect very badly on her in court.

Re the valuation. It sounds like you are fighting this on emotional grounds and it will just cost you money. Ever letter/email/phone call you or she makes could come out of the estate.

The chance of her success comes down to the value of the estate including the home and her financial situation verses yours. Estrangement is not much of a contributing factor in FPA cases.

 

[moo]

Thank you Winstonwolf for your reply. The law can be very complicated.

Our defence of my husbands fathers will is quite emotional as he was such a good hardworking honest man(that we miss so very much) and for the law to allow a nasty dishonest person (his daughter) to be able to come in and get her hands on more than what he felt she was entitled to (as stated in his will) is very hurtful to his memory.

My husbands job as executor and trustee states that he will fulfil the wishes of the deceased as per his will instructions.She is very vindictive and manipulating and greedy (sorry if it seems I am bitter towards her but I am only going off her behaviour towards my parents in law and anyone else that does not do her bidding) and also has continually asked and received money on numerous occasions for deceitful stories she has told.

This is purely a vindictive attack on her brother(my husband)as she knows how much the family home means to him. She has nothing to lose by contesting the will and wasting money on lawyers as it isn't her money it belongs to the estate.

She has not spoken to her brother (or me. In fact, I have never met her) as she liked his ex wife and was very angry with him when they divorced 10 years ago.

We have been told by her sister in law that she tried to get a niece to phone my husband and pretend to be a woman that he was having an affair with so we would split up (just letting you know the type of person she is).

We are just hurt because of father in law and how much hurt he was going through over her abuse and cutting him out of her life only to come back in to get her hands on what he worked so hard for all his life.

My husband's job is to distribute according to the wishes of the deceased and so the work involves also defending it and that is what he is doing (with my support).

Mother-in-law is still in the nursing home she is 96 years old and I visit her every 2nd day and attend to all her needs and wants and also on weekends with my husband.

Her daughter hasn't even phoned her in the last 3 years even after father in law passed away(no sympathy card flowers etc).

Unfortunately the law doesn't look at her character or they would see her for the person she really is.Especially as we have been there for the parents constantly for the last 7 years.
My husband has been there for them for the whole time since they came to Aus in the 70s.We look after bank accounts, bills, appointments, the unit etc.

Anyway sorry to drag it out like this just giving you the whole picture on what we are dealing with.
Thank you again for your help

 

[moo]

Just wanting to ask a question in regards to all that I have stated above. My husband's sister has to produce evidence to support her claims to contest the will (she has not been adequately provided for) by the end of this week then it goes to mediation on the 27th Feb.

The directions hearing stated that was the date she had to produce and also that mediation will be paid for by her and my husband (half each so works out about $8000 each). Our lawyer said her lawyer might request the estate pays her half. Now the question is if she doesn't produce documents supporting her claim (lawyer said she doesn't have to produce but it helps her if she does and even after that it will go to court), can my husband then say we won't go to mediation as it is a waste of money, so let's go straight to court?

Why does my husband have to have a barrister at the mediation? The barrister costs a lot of money. Can't the lawyer just say what has to be said? Do they all work in cahoots together so they all get a share of the pie?

 

[Hayder Shkara]

Can my husband then say we wont go to mediation as it is a waste of money so lets go straight to court?Why does my husband have to have a barrister at the mediation?The barrister costs a lot of money cant the lawyer just say what has to be said?Do they all work in cahoots together so they all get a share of the pie?

If there is a court order for mediation, you have to go.

Barristers can assist in the mediation process and have an understanding of the case.

Your solicitor could potentially negotiate on your behalf, however some solicitors believe that a barrister is required during these processes. Speak to your solicitor and express your concerns.

 

[moo]

Thank you Hayder,

Well mediation is on Mon.27th and she still has not produced.We have updated the financial position of the estate(as per hearing instructions)and have everything else needed and asked for ready to produce.

Speaking to lawyer yesterday counsel said she doesn't have a very strong case but lawyer said she still may get a fair sum extra (on top of what she is already getting in will).

It really doesn't seem right, even though she hasn't come up with evidence to support her claims (rent receipts, living expenses, bank statements, tax statements, etc) which show she may have not been adequately provided for in the will, she still may have a right to more of father in laws estate.(She is living in a country where the exchange rate sets her up very comfortably with her inheritance)

My husband and I have worked so hard gathering evidence to dispute her claims and lies and vindictiveness (doing his job of executor of will and trustee of his fathers last wishes) and she may still have a claim without having to put any effort in to support her claims only her words.

The law really is strange, we are scratching our heads trying to work out who comes up with these unfair one-sided (so it seems) laws.

We have done everything as instructed by hearing and lawyer (staying within the law) and she has done nothing (clearly flouting the law) but still may have a case?

And again the winners are the lawyers and the barristers.