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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 42659
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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My 3 half siblings want to challenge my father`s will. He

Customer Question

My 3 half siblings want to challenge my father`s will. He left me as the sole beneficiary.
JA: What state are you in? It matters because laws vary by location.
Customer: I`m sorry. I`m Australian. Queensland state. Can you still offer advice? I`m not sure if they have a case or not.
JA: Has anything been filed or reported?
Customer: Not that I know of. The other siblings have spoken to a solicitor who suggests they have grounds to contest.
JA: Anything else you want the lawyer to know before I connect you?
Customer: They are from my father`s first marriage concluded in 1969. I am the only charge from his second marriage with my mother.
Submitted: 12 days ago.
Category: Australia Law
Customer: replied 12 days ago.
I don`t think my siblings can proove there was undue influence from me in my father`s decision (and there was no influence from me). I don`t think they can proove he had a lack of mental capacity. There is no problems with the will document. It was witnessed and signed with his signature stating he is giving the whole of his estate to me entirely.
Expert:  Leon replied 11 days ago.

My name is ***** ***** I am a NSW Solicitor. I will do my best to assist you with your question.

Expert:  Leon replied 11 days ago.

Good Morning.

They have a right to contest. Duress and undue influence are not the only grounds.

They are his children and that in itself gives them the right to contest. If they have need they can claim.

Here is some information.

http://www.battleofwills.com.au/contesting-a-will-in-queensland.html

If you are the executor your job is to try and enforce it.

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

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 9 days ago.

Good Morning.

Just checking to see if there is anything else I can assist you with? If not than you for using my services and take care

Regards

Leon