VIC When can estate be distributed

Discussion in 'Wills and Estate Planning Law Forum' started by Caro22, 16 November 2018.

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  1. Caro22

    Caro22 Member

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    My father passed away in 2014 with a will and probate was granted in February 2015. In his Will it states that his wife (second wife as my mother died many years ago) May live in their house for life, when she dies half of the proceeds of the house will be for her children and half for myself and 2 sisters. The house was sold earlier this year and my step mother took her half of the proceeds and our half was invested in the name of the estate. Now my step mother has died. My question is do we have to wait to distribute our half of the estate that has been invested? As probate was granted in 2015 does it mean that it’s too late for anyone to contest the will thus there would be little risk to the executor of being liable inthe case of a challenge? Or does the 12 months for family to challenge start from when my step mother died?
     
  2. Rod

    Rod Well-Known Member
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    Something like this really needs a lawyer to look at the will.

    It is not clear your step mother should have taken half the proceeds but a lawyer needs to look at the will.

    If you need someone to check things out for you, you'll find my email address at www.vichelp.com.au
     
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