VIC Will Unfair to Siblings - What to Do?

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7siblings

Member
24 February 2020
2
0
1
Hi all,

So my mum passed away recently and she has 7 children in total. 1 child has been left as executor of will and has been left 1/7 of the estate. The remaining 6/7 of the estate is to be divided equally between 14 grandchildren (to be accessed only when they are 21). 9 of the grandkids are under 21. 6 children have been left out of will and division of the deceased estate is very unfair for the 6 families. We are in Victoria.

Any help on what can be done at this point?
 

Jacqui Brauman

Well-Known Member
15 January 2016
53
20
264
Victoria
www.tbalaw.com.au
In Victoria, as children of a deceased person, you are all in an eligible category to make a claim on a Will.
Probate must be granted first, and then you have 6 months to decide to make a claim or not.
Basically your claim is that you have not been sufficiently provided for, and that your mother had an obligation to provide for you.
Some of the elements that will be considered in relation to your claim will be your financial situation, the financial position of the grandchildren who are getting a benefit, your health, your relationship with your mother, your contribution to her estate, and any detailed wishes or instructions that she left.
 
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7siblings

Member
24 February 2020
2
0
1
Thanks for your reply Jacqui. The older grandkids are all working and live out of home and the children left out of will are all working and paying off home loans (but we were not financially dependant on our mother). We have been told that no judge would take money away from the grandkids under 21 so that only leaves the 5 grandkids above 21. What is the process that we have to take and what is the likelyhood that we will be able to be included in the division of the estate?