Does anyone know the law concerning wills?

[Carlos & Siran]

My Grandmother died approximately a year ago and myself and 2 other cousins are the sole heirs to her will.

The long and the short of it is her two remaining sons(one of which is my Father) have been cut out and my father is contesting.

I've tried countless times to find out exactly what is happening via the public trust, but the lady in change seems almost put out when I ring or e-mail her and she's basically said that until she knows more there's nothing she can tell me.

I've just gotten off the phone to my Father and he's telling me that a court case has been set for next month and myself and my cousins need to be there and have counsel, or it will go against us, he's also telling me that it's almost a given that her will will be turned over in his favour because of some law made in the 50s saying that your children have to be named in the will and blah blah blah.

We received a letter from the public trust about a month ago saying that my father had notified them of his intent to make a claim and when he actually made a claim they would notify us. So it stands to reason that this court case has come as a complete surprise.

It' seems pretty unfair that we have to drop everything with 3 weeks notice, get a lawyer and rush down the line when the public trust haven't even notified us that he's even made a claim yet.

Does this seem likely or is my Father trying to pull the wool?

Because he's her son is it highly likely that his claim will be granted as he's telling us?

Would the courts really suddenly call a meeting in three weeks and if we don't show it'll go against us? (especially since I start calving in two weeks and both my cousins run businesses in Australia and we can't just drop everything)

[Ira]

Ahh, wills...Always great for bringing out the greedy bastard in everyone.

[lmsmith]

Yes, family can contest a will.

The Family Protection Act (made in the 50s) says that you have to adequately provide for your children (possibly including step-children, depending on the relationship), parents, siblings. If your grandmother left nothing for her son, he has a good claim to the estate.

You will need to show that it was her clear intention to leave nothing for her son. Even then, it is very likely (as in probably 99% likely) that the court will give him something. He is not necessarily going to get 1/2 of the will, but some provision will be made for him.

In regards to the court date, it's probably a district court hearing. Because you haven't been given adequate notice (>1month), you will probably be able to get the date postponed until you get adequate legal advice. You will need to find out what court it is and go directly though them to get the information. I also suggest you go somewhere for legal advice - even somewhere like community law will give you a really good start on where you stand.

Let me know if you have any qs and I'll try to help the best I can. It's not really my area of expertise, but I know a bit about it from the papers I've done.

[Ira]

I'd suspect that requirement to "Provide for your children" only applies to dependents.

[ryanjury]

There is plenty of info on google and most lawyers will make a free first appointment to look at the case..

Children can contest but they have to have been dependants to get a better share, and if the deceased wrote a letter or something detailing why he had left money where he left it.. Alot of the time it comes down to the person having a right to leave their money wherever they want

I would just goto a lawyer and have a chat, remember it can cost alot and nothing it guaranteed.

[lmsmith]

I'd suspect that requirement to "Provide for your children" only applies to dependents.

Surprisingly not. It includes all children, regardless of their age or economic status.

A case called Williams v Aucutt was about a mother who died and left 95% of her estate to one of her daughters and only a small amount to the other daughter. She stated in her will that she was leaving less to one daughter because she was a millionaire and didn't need the money. The sister contested the will and she ended up getting more because the mother did not leave adequate provisions to her in the will. In saying that, the money wasn't split 50-50 in that case, but the rich sister ended up getting about 15-20% of the estate.

[Carlos & Siran]

Thanks Imsmith.

Myself and my father have only reconciled after 4 years (had nothing to do with Grandmas will) and we're both treading lightly around each other with this will business in case things flare up again.

I never had a problem with his contesting and I'll prolly just sit back and let it all happen, he has every right as her son to do so regardless of whether I feel he deserves it or not.

One question though in regards to costs, will the court costs come out of the entire sum or just mine and my cousins part?

[David R]

If the amount of money is worth arguing about I'd suggest contacting a lawyer rather than getting info of random people on the internet, best to get the story straight first time, especially if there is a court case coming up...

[alanmin4304]

I know of an old lady with two daughters who left $10 to one daghter and explained that she was rich, had enough money and had neglected her all her life. Left the rest to daughter 2 and it was contested. It was redistributed but not 50/50. Rather than give it all to the legals can sometimes be better to sort out a deal. Money will come out of your pocket and also from inheritance (your other pocket). Depends how much is involved.

[lmsmith]

Thanks Imsmith.

Myself and my father have only reconciled after 4 years (had nothing to do with Grandmas will) and we're both treading lightly around each other with this will business in case things flare up again.

I never had a problem with his contesting and I'll prolly just sit back and let it all happen, he has every right as her son to do so regardless of whether I feel he deserves it or not.

One question though in regards to costs, will the court costs come out of the entire sum or just mine and my cousins part?

Your fathers share will come out of the estate, so some of your share is likely to be redistributed. It is possible to reach a 'deal' outside of a court but because it will be contrary to the will, you'll still have to get it reaffirmed in court. Some costs will also come out of the estate, but if it's your father contesting, he will have to pay a significant chunk of the costs. Do you know where the executor sits on this? Also, if money or property was left to you and your cousin in trust in the will, it can't be touched as part of your fathers claim.

Absolutely get some proper legal advice, I can only give you the basics, not real advice.