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VIC Uncle's Will Left Unsigned - Uncle and Aunt Contesting Will - Options?

Discussion in 'Wills and Estate Planning Law Forum' started by Sarah1992, 6 January 2016.

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  1. Sarah1992

    Sarah1992 Member

    6 January 2016
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    My uncle recently passed away leaving my dad and his other brother (M) as executors of his Will. In his Will, it was stated that it was his wish to have his deceased estate divided equally among his nieces and nephews, including myself (he had no wife or children).

    While my dad, M, and their sister C have all agreed to this. The Will wasn't signed nor witnessed and despite being estranged, my other uncle P and my aunt H have decided to contest the Will and want 20% each. The rest of the Will would be split between the nieces and nephews bar Aunt H's children, who may receive nothing unless their mother decides to give them part of the 20% she wants. Uncle P does not have children.

    My dad, uncle M and aunt C are understandably outraged, as uncle P and aunt H never had anything to do with my late uncle, and are going directly against the wishes that my uncle had made known to my father, uncle M, and his solicitor.

    I was wondering if there was any help to be offered other than "wait and see". My uncle would be rolling in his grave knowing that this is happening and it's incredibly upsetting for the whole family.

    Thank you.
  2. JS79

    JS79 Well-Known Member

    2 October 2015
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    Just because they want to contest doesn't mean they will be able to receive.
  3. Therese

    Therese Well-Known Member

    11 October 2015
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    Hi Sarah1992,

    The Will is not valid as it has not met the formal requirements of being signed and witnessed.

    Therefore, a challenge by your uncle and aunt could be successful, but it depends on what grounds they are challenging along with many other factors.

    However, your deceased uncle's intentions may still be taken into consideration.

    This blog may be useful to you: Contesting a Will (Capacity, Undue Influence & Duress) - Legal Blog -

    The executors of the Will may wish to engage legal representation to try and prevent the challenge from being successful.
  4. Sophea

    Sophea Well-Known Member

    16 April 2014
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    I agree with Therese, a will that is not signed is not valid. Therefore the last will he validly made prior to the current one will stand. Or if there is none, his estate will be distributed under the laws of Intestacy. However as Therese states, in some circumstnaces the court may take the deceased's intentions into consideration.

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