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 Leon Your Own Question
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 42629
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
12124641
Type Your Australia Law Question Here...
Leon is online now
A new question is answered every 9 seconds

My father passed away 35yrs ago and left his estate to his

Customer Question

My father passed away 35yrs ago and left his estate to his second wife and then to be passed on to his grandchildren. His second wife re married and lived in my fathers home, and when her second husband passed away and she receive his estate. She passed away shortly afterwards and her estate was left to her Nephew.
He has passed away recently and has no family so his estate is being divided between some charities.
Am I able to contest this will for my fathers estate funds that were intended for his grandchildren?
Many thanks,
Judy
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.
Good Afternoon
My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question.
One of the worst things that I have to do is give people bad news. The law is very strict on who can contest will and from what you have described you do not have a right unless you fit into the category set out in the Succession Act.
The law gives a right to contest a will to certain people and they are as follows:
(a) a person who was the wife or husband of the deceased person at the time of the deceased person’s death,
(b) a person with whom the deceased person was living in a de facto relationship at the time of the deceased person’s death,
(c) a child of the deceased person,
(d) a former wife or husband of the deceased person,
(e) a person:
(i) who was, at any particular time, wholly or partly dependent on the deceased person, and
(ii) who is a grandchild of the deceased person or was, at that particular time or at any other time, a member of the household of which the deceased person was a member,
(f) a person with whom the deceased person was living in a close personal relationship at the time of the deceased person’s death.
This is section 57 of the Succession Act and I have the link below. Unless you fall into that category you cannot contest.
http://www.austlii.edu.au/au/legis/nsw/consol_act/sa2006138/s57.html
Your father should have drafted his will differently where he allowed his second wife to live in his estate and after her death them passed it onto the grandchildren. It is too late to do anything now.
I am sorry I cannot give you anything more positive.
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
If there is anything else in the future please do not hesitate to ask.
Please do not forget to leave positive feedback.
Regards
Leon
Expert:  Leon replied 1 year ago.
Good Afternoon
I'm just following up our discussion earlier this week and seeing whether there is anything else I can assist you with.
If I have missed anything, or you have any further questions please let me know.
If there is anything else in the future please do not hesitate to ask.
Please do not forget to leave positive feedback.
I look forward to hearing from you.
Regards
Leon