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 Will - Must Wait 3 Years for My Share?

Discussion in 'Wills and Estate Planning Law Forum' started by cheryle, 30 July 2014.

Tags:
  1. cheryle

    cheryle Well-Known Member

    Joined:
    30 July 2014
    Messages:
    40
    Likes Received:
    1
    What can be done when you have been given equal share of estate but different to siblings you have to wait 3 years as your share is held in trust. It just states not good at managing finances
     
  2. winston wolf

    winston wolf Well-Known Member

    Joined:
    21 April 2014
    Messages:
    347
    Likes Received:
    101
    Wait 3 years or blow a large chunk of the estate challenging the will.
     
    Tim W likes this.
  3. cheryle

    cheryle Well-Known Member

    Joined:
    30 July 2014
    Messages:
    40
    Likes Received:
    1
    Why? Cant it just be revoked. Its just from jealous siblings who conned the deceased.
     
  4. cheryle

    cheryle Well-Known Member

    Joined:
    30 July 2014
    Messages:
    40
    Likes Received:
    1
    I know how I look with the will's status but its not true. Theres a history of sibling rivalry, which really was the deceased fault in many ways. But I think it was the logic of the deceased time.
     
  5. winston wolf

    winston wolf Well-Known Member

    Joined:
    21 April 2014
    Messages:
    347
    Likes Received:
    101
    I'm not making a moral judgment. Just saying how it is.
    Someone else may give you a more wordy explanation but it will boil down to what I said.
    You would need to prove immediate need to get your share early.
     
    John R likes this.
  6. cheryle

    cheryle Well-Known Member

    Joined:
    30 July 2014
    Messages:
    40
    Likes Received:
    1
    What do you mean by immediate need? Im in struggle but fighting it. Due to employer 's budget and my age its harder to pick up the work. I just wish to relocate to Sydney to be near my children.
     
  7. cheryle

    cheryle Well-Known Member

    Joined:
    30 July 2014
    Messages:
    40
    Likes Received:
    1
    The estate has not been sold yet.
     
  8. cheryle

    cheryle Well-Known Member

    Joined:
    30 July 2014
    Messages:
    40
    Likes Received:
    1
    Thankyou Winston.
     
  9. winston wolf

    winston wolf Well-Known Member

    Joined:
    21 April 2014
    Messages:
    347
    Likes Received:
    101
    You would need to make a family provision claim.
    This is normally done through the Supreme Court ($$$)
    You would need to prove that you were going need the money sooner than 3 years.
    ie, need an operation etc.
    Sounds like your an adult, so I cant see 3 years making much difference to your financial acumen. As opposed to a 20yo with a habit.
    The big problem is it could easily cost YOU $50K to get the money early.
    Over riding a will is a big deal.
     
    John R likes this.
  10. cheryle

    cheryle Well-Known Member

    Joined:
    30 July 2014
    Messages:
    40
    Likes Received:
    1
    Wow I am dissappointed but thankyou for your information.
     

Share This Page

Loading...