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Leon, Solicitor
Category: Australia Law
Satisfied Customers: 43516
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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My mother recently passed away and she has left her house to

Customer Question

My mother recently passed away and she has left her house to two of her granddaughters.
She has five children of her own and 11 grandchildren. She was a difficult woman to get along with (an ex alcoholic) and believed her will could not be contested as she specifically wrote her children out for petty reasons. On what basis can we contest. Her previous will left her estate to her 9 grandchildren equally(two other children were from a previous marriage-making the 11). We, her children, would be happy for the estate to be equally divided between the grandchildren. How can we make this happen.
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.
Good Evening
My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question.
It is not a simple question to answer as there are many reasons.
But being a child of a deceased you can contest simply on that basis.
The following link is detailed on what reasons you can contest who can contest and what the court looks at.
It is based on NSW laws but each other states has similar laws.
You have to see your own solicitors and get advise on the will and he will ask relevant questions about your relationship with your mum and also your financial positions.
I hope this makes sense and is of assistance. if there is nothing further thank you for using my services.
If I have missed anything, or you have any further questions please let me know
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