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Brisbane-Lawyer
Brisbane-Lawyer, Solicitor - Admitted 2005
Category: Australia Law
Satisfied Customers: 14361
Experience:  I did my law degree at the University of Queensland
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I cant cope with my mothers spiteful and vindictive behaviour

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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.
What is your question?
Customer: replied 7 years ago.
Sorry, what was your question?
Customer: replied 7 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 7 years ago.
I forgot to mention that my sister lives close to my mother.
[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.

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Edited by Alex on 2/26/2010 at 5:13 AM EST
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Customer: replied 7 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 7 years ago.
Not sure what happens next.
I am happy to assist. What is your next question?
Customer: replied 7 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 ?
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 7 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.

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).

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Edited by Alex on 2/26/2010 at 5:52 AM EST
Customer: replied 7 years ago.
Thank you , what was the document you said I should use for the 1st question?
[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.

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Customer: replied 7 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
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.
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What year did your aunt die?

Edited by Alex on 2/26/2010 at 6:18 AM EST
Customer: replied 7 years ago.
about 1997/98
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
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