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Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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Good evening Regarding my deceased husbands (deceased 1/2011)stepmothers

Customer Question

Good evening
Regarding my deceased husbands (deceased 1/2011)stepmothers estate (Decd 7/2014 QLD) will. The said will has contradictory clauses... Whereby my decd husbands intended heritence passes on to our daughter...not the case due to"contrary intention". There is ambiguity in another clause which mentions words to the effect of my children and husbands children and if any of these children predecease me then children's share is passed onto children's children?
Q:General rule of will - estate passed onto biological children. Does this include adopted children as they are willmakers children? If so how would this effect estate?
Q:have only just found out that there is a 9mth timeframe to lodge a claim. Now outside that time by 1-2 mths . Even my solicitor didn't mention it to meIs it easy to have approved"application for out of time"?
Need to lodge rectification of will -out of time.
Step sister's solicitor lodging rectification of will (not in favour of my daughter) even though step sister and sister in law want my daughter to get her late fathers share. There is a step brother (and not so nice) who is blocking everything as he feels my daughter isn't entitled to a thing!
Q: can we sue will makers solicitor for writing a misleading and ambiguous will?
This is a very messy situation and I hope that you can try and understand my Q's.
Thanking you kindly
Sue
Submitted: 1 year ago.
Category: Australia Law
Expert:  Patrick H. replied 1 year ago.
If you have a copy of the will, please scan and send as without sighting the exact wording of the will it is hard to assess its meaning and I cannot reliably do so based on your description.If there is an adopted child involved, who is the adopted child relative to your stepmother?Has probate been granted or the will been distributed?

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