This one is a bit confusing so please bear with me - I will try to summarise this to make it as short and succinct as possible.
I am Eric in this story.
Summary/Background:
Grandfather (Jack) meets grandmother (Jill) overseas (1955ish).
Grandmother has daughter from previous marriage (let's call her Mary).
Grandparents, along with Mary migrate to Australia and settle (1958)
Grandparents have two more children. A son (Steve - 1958) and a daughter (Anna - 1960).
Around 1970, Jack sleeps with his wife's daughter Mary and gets her pregnant.
A son (Pedro) is born as a result.
Jill, being faced with a decision to divorce Jack and be alone or to stay and put up with it, decides the latter. She continues to cohabit with Jack, Mary and Pedro for the next 30 years.
Anna marries and has 3 children. Anna divorces.
One of Anna's kids (Eric - Me) moves in with Jack, Jill and Mary from 1997 and stays there for 11 years (during High School and a few years after).
Jill passes away in 2000, shortly later, Mary marries Jack.
At around 2007, Eric moves out and lives alone until he marries.
Pedro marries and has 2 daughters. Pedro divorces as it is found out that he is gay and has been having affairs with other men.
Fast forward - Anna passes away in 2020, leaving her 3 kids.
Pedro has gained a reputation within the family. He is now married to a man and has multiple allegations of sexual molestation to minors, most of which are boys from our family (me included).
Jack and Mary, now married with a son and two granddaughters, make wills in favour of each other and appointing Pedro as Sole Executor. He is also alleged to be the main beneficiary.
Mary makes verbal assurances to Anna's children that Anna's share will go to them as the surviving children of the deceased daughter Anna - speculation is that it is one of many properties to be divided between Anna's three children. Pedro to get the rest.
Estate value estimated to be around $4,000,000.00
If you've made it this far, and have managed to keep up, I commend you.
Questions:
1. When is it best to make a claim? Upon the death of Jack; or upon the death of Mary? Given the age gap, it is highly likely Jack will pass away before Mary.
2. Now that Jack and Mary are married, does her title under the law change from my 'step-aunt' to 'grandmother' of Eric?
3. Given I have not lived with the deceased for 18 years, but have maintained a good relationship with them, will a family provision claim be strong?
4. When making a family provision claim, is it worth mentioning that Pedro had sexually assaulted me in my affidavit? Will this have much weight or relevance in this type of claim? Is the conduct of the executor and beneficiary relevant?
5. Being an eligible person under the Succession Act (NSW), am I entitled to see the will before the deceased passes away? I assume not.
Any insight, whether legal or otherwise would be greatly appreciated.
Thank you.
I am Eric in this story.
Summary/Background:
Grandfather (Jack) meets grandmother (Jill) overseas (1955ish).
Grandmother has daughter from previous marriage (let's call her Mary).
Grandparents, along with Mary migrate to Australia and settle (1958)
Grandparents have two more children. A son (Steve - 1958) and a daughter (Anna - 1960).
Around 1970, Jack sleeps with his wife's daughter Mary and gets her pregnant.
A son (Pedro) is born as a result.
Jill, being faced with a decision to divorce Jack and be alone or to stay and put up with it, decides the latter. She continues to cohabit with Jack, Mary and Pedro for the next 30 years.
Anna marries and has 3 children. Anna divorces.
One of Anna's kids (Eric - Me) moves in with Jack, Jill and Mary from 1997 and stays there for 11 years (during High School and a few years after).
Jill passes away in 2000, shortly later, Mary marries Jack.
At around 2007, Eric moves out and lives alone until he marries.
Pedro marries and has 2 daughters. Pedro divorces as it is found out that he is gay and has been having affairs with other men.
Fast forward - Anna passes away in 2020, leaving her 3 kids.
Pedro has gained a reputation within the family. He is now married to a man and has multiple allegations of sexual molestation to minors, most of which are boys from our family (me included).
Jack and Mary, now married with a son and two granddaughters, make wills in favour of each other and appointing Pedro as Sole Executor. He is also alleged to be the main beneficiary.
Mary makes verbal assurances to Anna's children that Anna's share will go to them as the surviving children of the deceased daughter Anna - speculation is that it is one of many properties to be divided between Anna's three children. Pedro to get the rest.
Estate value estimated to be around $4,000,000.00
If you've made it this far, and have managed to keep up, I commend you.
Questions:
1. When is it best to make a claim? Upon the death of Jack; or upon the death of Mary? Given the age gap, it is highly likely Jack will pass away before Mary.
2. Now that Jack and Mary are married, does her title under the law change from my 'step-aunt' to 'grandmother' of Eric?
3. Given I have not lived with the deceased for 18 years, but have maintained a good relationship with them, will a family provision claim be strong?
4. When making a family provision claim, is it worth mentioning that Pedro had sexually assaulted me in my affidavit? Will this have much weight or relevance in this type of claim? Is the conduct of the executor and beneficiary relevant?
5. Being an eligible person under the Succession Act (NSW), am I entitled to see the will before the deceased passes away? I assume not.
Any insight, whether legal or otherwise would be greatly appreciated.
Thank you.
