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Answered in 5 hours by:
1/1/2010
Brisbane-Lawyer, Solicitor - Admitted 2005
Category: Australia Law
Satisfied Customers: 14,361
Experience: I did my law degree at the University of Queensland
VerifiedIf your sons are also the sons of your ex-wife who passed away 6 months ago, then they can try making a Family Provision Application to contest the Will made by their mother which presumably left them out.
They would have 12 months to do this so I recommend they see an estates lawyer right away to make such an application as their time is growing short.
Based on what you have stated, I think they have good prospects of being successful in such an Application if they decide to press ahead with it.
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Edited by Alex on 1/1/2010 at 7:41 PM EST
They would have 12 months to do this so I recommend they see an estates lawyer right away to make such an application as their time is growing short.
Based on what you have stated, I think they have good prospects of being successful in such an Application if they decide to press ahead with it.
If my answer has been helpful or informative, please press the green Accept button. I am also able to answer further questions after accepting.
Edited by Alex on 1/1/2010 at 7:41 PM EST
Its 12 months in NSW and Queensland, so I am assuming SA is also 12 months.
The money being tied up in a residence is actually a good thing. It makes it easier to know where the estate money went. Probate won't come into this. The application will be made, if the judge agrees that the boys are entitled to a share of their late mother's estate, he will award them a portion.
Once told the money went to a house valued at $X, he is likely to make an order that the house be sold and the boy receive $X pursuant to his order, or alternatively that the owner of the house pay the boys that money without the house being sold.
If my answer has been helpful or informative, please press the green Accept button. I am also able to answer further questions after accepting.
Edited by Alex on 1/1/2010 at 8:23 PM EST
The money being tied up in a residence is actually a good thing. It makes it easier to know where the estate money went. Probate won't come into this. The application will be made, if the judge agrees that the boys are entitled to a share of their late mother's estate, he will award them a portion.
Once told the money went to a house valued at $X, he is likely to make an order that the house be sold and the boy receive $X pursuant to his order, or alternatively that the owner of the house pay the boys that money without the house being sold.
If my answer has been helpful or informative, please press the green Accept button. I am also able to answer further questions after accepting.
Edited by Alex on 1/1/2010 at 8:23 PM EST
Brisbane-Lawyer, Solicitor - Admitted 2005
Category: Australia Law
Satisfied Customers: 14,361
Experience: I did my law degree at the University of Queensland
VerifiedBrisbane-Lawyer and 87 other Australia Law Specialists are ready to help you
Q: When does the limit period for contesting the will start?
A: Generally from the time a grant of probate is granted.
Q: I have read that a limit of 6 months applies in SA.
Q: I just reviewed the Inheritance (Family Provision) Act 1972 which applies in South Australia. You are correct, its 6 months from the time probate is granted. That's short than in other states.
The clock starts ticking from the time a grant of probate was made.
If you don't know when probate was granted (usually its a month after the death of a person - but the courts in SA are less busy than in Brisbane), then you should immediately have the boys see a solicitor to file and commence the application.
Edited by Alex on 1/1/2010 at 11:35 PM EST
A: Generally from the time a grant of probate is granted.
Q: I have read that a limit of 6 months applies in SA.
Q: I just reviewed the Inheritance (Family Provision) Act 1972 which applies in South Australia. You are correct, its 6 months from the time probate is granted. That's short than in other states.
The clock starts ticking from the time a grant of probate was made.
If you don't know when probate was granted (usually its a month after the death of a person - but the courts in SA are less busy than in Brisbane), then you should immediately have the boys see a solicitor to file and commence the application.
Edited by Alex on 1/1/2010 at 11:35 PM EST
Brisbane-Lawyer, Solicitor - Admitted 2005
Category: Australia Law
Satisfied Customers: 14,361
Experience: I did my law degree at the University of Queensland
VerifiedBrisbane-Lawyer and 87 other Australia Law Specialists are ready to help you
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