QLD Sole executor & benerficery

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Pauled15

Member
1 June 2017
1
0
1
My Father died in 2011 leaving behind a signed and noterised will stating that I was sole benerficery of his estate. I also have a sister but she was left out of the will for family matters.
When my dad passed a few days later I received a call from my sister saying I needed to see my dads solicitor. I arranged a day off work went and saw him with my sister there to be told in private that I was sole benerficery to my dads estate. There was also a will checklist that had been started a few weeks b4 my dads passing leaving half estate to my sister.
Upon leaving my dads solicitor made it clear to both myself and my sister that if she wished to claim we would both need to seek independent legal advice and ibtain something in writing (for what I believe would be to legally cover everything). I got legal help and was informed that if no documents were given to me within 6 months of date of dearh then I could proceed as per the signed and noterised will.
I never received any correspondence from my sister even though I asked on several occasions.
Jump forward to 2014 and since then I have been fighting a family provision order made 3 years after my father passed my beleif is that she had failed in her duty to contest within time therefore she has no claim am I right in thinking this.
The reason I ask here is that I was injured at work 2 and 1/2 years ago and cannnot afford legal representation and am affarid because her solicitors have put a caveat on my house i am about to loose everything.
Any help would be appreciated.
 

AdValorem

Well-Known Member
20 August 2015
57
8
224
Perth
Hi
Your sister can apply for family provision 'out of time' and it is at the discretion of the court whether to allow such an application.
Regards