How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Brisbane-Lawyer Your Own Question

Brisbane-Lawyer
Brisbane-Lawyer, Solicitor - Admitted 2005
Category: Australia Law
Satisfied Customers: 14334
Experience:  I did my law degree at the University of Queensland
Type Your Australia Law Question Here...
Brisbane-Lawyer is online now
A new question is answered every 9 seconds

I cant cope with my mothers spiteful and vindictive behaviour

Resolved Question:

I can't cope with my mother's spiteful and vindictive behaviour any longer. I have always treated her well but I can't please her. My sister was born with a hare lip (like Wendy Harmer)and my mother has spent her life making it up to her. I know she wants to leave as much to my sister as she can, although I still have a mortgage $120k my sister has a home but she didnt pay for it. What can I do if she turns nasty and leaves me less than I am entitled to. My sister won't do anything for her but thats ok with mum, yet she expects me to go up the coast to look after her . I have been housebound in since an accident 3 years ago and cant help. I dont drive and I live in sydney. I am trying to stay away from her to avoid arguments.
Submitted: 4 years ago.
Category: Australia Law
Expert:  Brisbane-Lawyer replied 4 years ago.
What is your question?
Customer: replied 4 years ago.
Sorry, what was your question?
Customer: replied 4 years ago.
What can I do if my mother leaves me less than 1/3 of her estate which I should be entitled to ?
Customer: replied 4 years ago.
I forgot to mention that my sister lives close to my mother.
Expert:  Brisbane-Lawyer replied 4 years ago.
[QUOTE] What can I do if my mother leaves me less than 1/3 of her estate which I should be entitled to ?[/QUOTE]
If your mother leaves you with less than 1/3 of the estate in her Will, then you can bring a family provision application under the Succession Act and seek substantially more. Basically, you would be challenging the Will.

Its an option that would be open to you, but I wouldn't recommend that you tell anyone else that you know, because if your mother drafts her Will to be air tight, then succeeding in the application could become harder.

If my answer has been helpful or informative, please press the Accept button. I am also able to answer further questions after accepting.
-

Edited by Alex on 2/26/2010 at 5:13 AM EST
Brisbane-Lawyer, Solicitor - Admitted 2005
Category: Australia Law
Satisfied Customers: 14334
Experience: I did my law degree at the University of Queensland
Brisbane-Lawyer and other Australia Law Specialists are ready to help you
Customer: replied 4 years ago.
Alex, I am prepared to pay extra for you time, am a little unfamiliar with the website and not sure how much I paid. I have another question
Customer: replied 4 years ago.
Not sure what happens next.
Expert:  Brisbane-Lawyer replied 4 years ago.
I am happy to assist. What is your next question?
Customer: replied 4 years ago.
Some years ago I helped my father's elderly sister to move to mowell village from her home which she sold. with my husband we looked after all her requests to take her shopping, many many times. did grocery shopping weekly and took takeaway for her meals on fridays. She said the home was taking all her pension and I felt sorry for her. she was good to us as children, but also very close to my sister because of her birth defect. When she died she left $30k to my 3 female cousins and also my sister even though they didnt help her and my sister hadnt seen her for over 20 years. I didnt do it for money but was gutted/ My mother kept the proof I needed to claim on the will but I have it now. I recieved $6k from my cousins and $1500 from my sister. Can I use this as proof of my mothers behaviour and can I request some compensation from her? How much do I owe you ?
Expert:  Brisbane-Lawyer replied 4 years ago.
Quote:
Can I use this as proof of my mothers behaviour and can I request some compensation from her?

You've explained what you did for your aunt in her twilight years until she died, but what have you done for your mother so far?

Please try to use dot points if you can, it should be to the left of the horseshoe above the posting area.
Customer: replied 4 years ago.

paId to have lawns done $100 mth for 18 mths til I found out she was giving the money to my sister

I sat for the Public Service exam with mum.when my son was a baby because she was too nervous to go alone.

stayed with her 1 week when dad died... my sister wasnt there

After dad died I had her here for xmas for many years and spoilt her with gifts, until she told lies to the family about me. then I stopped, and have not invited her back since.

spent a week at her house minding her cat so they could go away

had make up and other goods sent from England for her as she couldnt get what she wanted here.

Used my credit card to order clothes for her

Paid for 6 pairs of trousers recently without asking any money, because she couldnt find what she wanted.

Expert:  Brisbane-Lawyer replied 4 years ago.
Okay, you certainly have done enough for her that you could, if you wanted to, sue her in something called quantum meruit. Basically, that would recompensate you for all of these things you've mentioned, ie. grass cutting, buying her clothing, etc.

However, if you did that, then she would likely cut you out of her Will. So I wouldn't recommend that course of action at this time, because once she dies - if you haven't received your fair share under the Will, you can still sue her estate in Quantum Meruit to recover these expenses and investments of your time (up to 6 years after you've done them).

If my answer has been helpful or informative, please press the Accept button. I am also able to answer further questions after accepting.

Edited by Alex on 2/26/2010 at 5:52 AM EST
Customer: replied 4 years ago.
Thank you , what was the document you said I should use for the 1st question?
Expert:  Brisbane-Lawyer replied 4 years ago.
[QUOTE] Thank you , what was the document you said I should use for the 1st question? [/QUOTE]
Its called a family provision application under the Succession Act. It needs to be drafted up by a lawyer and filed in the Court when a relative decides to contest someone's Will. This usually needs to be done straight away after a person dies, so do not delay if you feel this is the path you need to take to gets what rightfully should be your's.

If my answer has been helpful or informative, please press the Accept button. I am also able to answer further questions after accepting.
Customer: replied 4 years ago.
I would have been entitled to 24k from my aunt if my mother had not interfered. Is there anything I can do about that in my claim.on mums estate I did get $6k in total, but if I had claimeded successfully we would all have received $24k
Expert:  Brisbane-Lawyer replied 4 years ago.
This last question needs to be placed as a fresh question with a new deposit. This allows fairness to other experts who may want a chance to answer.
Brisbane-Lawyer, Solicitor - Admitted 2005
Category: Australia Law
Satisfied Customers: 14334
Experience: I did my law degree at the University of Queensland
Brisbane-Lawyer and other Australia Law Specialists are ready to help you
Expert:  Brisbane-Lawyer replied 4 years ago.
What year did your aunt die?

Edited by Alex on 2/26/2010 at 6:18 AM EST
Customer: replied 4 years ago.
about 1997/98
Expert:  Brisbane-Lawyer replied 4 years ago.
Unfortunately then is too late. Under the Limitation of Actions Act, six years is the longest you can wait.

Edited by Alex on 2/26/2010 at 6:24 AM EST
Brisbane-Lawyer, Solicitor - Admitted 2005
Category: Australia Law
Satisfied Customers: 14334
Experience: I did my law degree at the University of Queensland
Brisbane-Lawyer and other Australia Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Deborah Awyzio

    Solicitor

    Satisfied Customers:

    859
    Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
< Last | Next >
  • http://ww2.justanswer.com/uploads/DA/dawyzio/2011-8-17_41631_Debheadshotfromfrontdesk.64x64.jpg Deborah Awyzio's Avatar

    Deborah Awyzio

    Solicitor

    Satisfied Customers:

    859
    Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
  • http://ww2.justanswer.com/uploads/AU/AustralianLawyer/2012-8-24_122120_SeanPhoto.64x64.jpg Sean's Avatar

    Sean

    Experienced lawyer

    Satisfied Customers:

    837
    Law degree with 1st class honours from Australian National University.
  • http://ww2.justanswer.com/uploads/SE/section52/2011-3-4_91720_darrenkrusehs.64x64.jpg Darren Kruse's Avatar

    Darren Kruse

    Solicitor

    Satisfied Customers:

    16
    Practising in in Personal Injury, Workcover, Civil Disputes, Family, Wills and Estates and Criminal law.
  • http://ww2.justanswer.com/uploads/BR/Brisbane.Lawyer/2013-10-15_65512_ProfilePhoto.64x64.jpg Brisbane.Lawyer's Avatar

    Brisbane.Lawyer

    Solicitor

    Satisfied Customers:

    105
    Lawyer of the Federal and High Courts of Australia; Lawyer of the Supreme Court of Qld
  • http://ww2.justanswer.com/uploads/MB/mbb75/Kylie at Makdap 500x500 pixels.64x64.jpg kmslegalservice's Avatar

    kmslegalservice

    Solicitor

    Satisfied Customers:

    18
    I have 14 years legal experience behind me and I graduated from the University of Sydney with First Class Honours in Arts/Law.
  • /img/opt/shirt.png Patrick H.'s Avatar

    Patrick H.

    Lawyer

    Satisfied Customers:

    4168
    Dip Law LPAB - Sydney based lawyer