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Ask Leon Your Own Question
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 42653
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I am one of four adult children left by the death of,firstly

Customer Question

I am one of four adult children left by the death of,firstly my father and then my stepmother.The will drawn up when my father was alive which benefited the four adult childre of his first marriage was overridden by a new will drawn up when my s tepmother(who
was physically and mentally ill(she lived in anursing home near sisters' in Tauranga)was taken by her sister to make a will benefitting her and only giving my Dads' children a gift amount of $5000.The bulk of the estate was willed to my stepmothers' sister.I
am a65 yo invalid pensioner livig in Australia week to week.Bearing in mind my father and stepmother were married for 40 years and his children were all but excluded from the will how do we stand in cotesting the will?There are no children of the marriage
and my stepmother did not formally adopt us.
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. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

In your fathers will was everything left to your step mother?

What was your relationship with your stepmother like and what state is the estate of your step mother in?

Customer: replied 1 year ago.
The initial will was a joint will which provided for all four childre of the husband.as the husband died first the estate passed to the stepmother and upon her death was to pass to the children.The second will overrode this and upon her death the esate was passed to her sister in its' entirity.My stepmother was ill and resided in a nursing home when she was moved to live near her sister.
My relationship with my stepmother was cordial but as she and my father lived in NZ and I in NSW then Qld.we did not meet all that often but when we did a good time was had.Monthly phone calls also took place and I talked to both my Father and his Wife.
Expert:  Leon replied 1 year ago.

Good Afternoon

There is no such document as a joint will. Each party has to have their own.

Your father had his will and your stepmother her own.

Her will is what you have to live with.

Where are the assets of your stepmother?