WA Will and Probate - Step-Mother Sold Father's Property

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Storm2015

Member
10 October 2015
2
0
1
My question is, my father passed away this year I asked to see a copy of his will, but I was told I wasn't in there, so I did a search at the probate office, paid the fee for the search and then received a letter saying nothing was found. Now his wife ( not my mother) has since sold his car and other belongings. What can I do about this?
 

Therese

Well-Known Member
11 October 2015
122
7
414
Hi Storm2015,

My understanding is that if you are not a beneficiary in a Will you are not entitled to any of the estate.

Are you suggesting however that there is no existing Will?
 

Storm2015

Member
10 October 2015
2
0
1
Hi Storm2015,

My understanding is that if you are not a beneficiary in a Will you are not entitled to any of the estate.

Are you suggesting however that there is no existing Will?
I don't know if there is a will or not cause i'm not getting told anything from her. All i cop is abuse so i would rather not talk to her at all
 

JS79

Well-Known Member
2 October 2015
306
36
714
Perth
Storm,

I have found an article that may be able to help you decide whether you would like to contest the will that he left (if he in fact did leave one behind):

Family Provision Claims - Contesting a Will? (QLD) - Legal Blog - LawAnswers.com.au

I suggest seeing a lawyer who is specialised in wills, estates and probate in regards to seeing if you can obtain a copy of the will (if there is one) and then they will be able to inform you if they think it is worth contesting his will (if there is one).