LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

QLD Stepmother's Will - Grounds for Contesting a Will?

Discussion in 'Wills and Estate Planning Law Forum' started by lp221, 15 July 2015.

  1. lp221

    lp221 Member

    Joined:
    15 July 2015
    Messages:
    2
    Likes Received:
    0
    My father died in NSW and left everything to my stepmother who moved to QLD. Now she wants to leave me and my brother out of her will and leave everything to her 4 daughters.

    Do we have any grounds for contesting the will?
     
  2. Tim W

    Tim W Lawyer

    Joined:
    28 April 2014
    Messages:
    1,713
    Likes Received:
    402
    Just to be clear, contest which will - your father's or your stepmother's?
     
  3. lp221

    lp221 Member

    Joined:
    15 July 2015
    Messages:
    2
    Likes Received:
    0
    Stepmother's. Father died in 2005.
     
  4. Tracy B

    Tracy B Well-Known Member

    Joined:
    24 December 2014
    Messages:
    435
    Likes Received:
    70
    Hi Ip221,

    If your stepmother is still alive, you have not rights and cannot contest a would-be will. This is because the will is not valid (so kind of like it does not exist) until the person has passed away.

    After she has passed, you can contest the will as the deceased's step-child under family provision claims. Check out "Family Provision Claims - Contesting a Will".
     
    Tim W likes this.

Share This Page

Loading...