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VIC Will Changed Due to Coercion - Is Will Legal?

Discussion in 'Wills and Estate Planning Law Forum' started by nowayjose, 12 September 2016.

  1. nowayjose

    nowayjose Member

    12 September 2016
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    My father just passed away in Victoria. For the last 2 1/2 years of his life, he was in a nursing home due to severe cognitive decline which progressed to Alzheimers. He was put into the home by my brother's children who also applied for Administration Orders through VCAT. All three persons attended the hearing (and it was stated that I was estranged from my father). None of them told me or included me as a family member.

    Within the last year, I moved into my father's house where my brother was living. During this time, it became known that my brother is a methamphetamine addict and his children (the administrators) applied to VCAT to have me removed from my father's house. It was unsuccessful and due to their decision to not insure my father's property and other reasons, the honourable Member revoked the original order and had The State Trustees appointed in their place.

    My father wrote a will in 2002 and made it clear to my brother and I that we were equal and only beneficiaries in his will. I have now learnt that my brother and his kids escorted my father to a lawyer and his will was changed around the time of their appointment. As my father was already in cognitive decline and disclosed financial abuse to Psychologists and doctors, is the second will legal? What do I need to know here?

    Thank you in advance
  2. winston wolf

    winston wolf Well-Known Member

    21 April 2014
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    Inform the executor in writing immediately that you intend to contest the will and they are not to distribute. Then demand a copy of the will as you are entitled as the child of the deceased.

    This should give you time to decide on you next move.
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