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Answered in 22 minutes by:
2/26/2010
Brisbane-Lawyer, Solicitor - Admitted 2005
Category: Australia Law
Satisfied Customers: 14,361
Experience: I did my law degree at the University of Queensland
Verified[QUOTE] If he wrote a will shouldn't that still stand[/QUOTE]
Unfortunately, the wife does have the right to contest the Will. If I were her lawyer I would be advising her to do exactly that. So that's not really a surprise.
But this entitlement to the first $500,000 of his assets, that's not the reality. There is no such law.
Accordingly, the husband's Will does stand, but because the wife is contesting it - the fact is I think she will be successful in having the property transferred into her name based on what you've stated above, regardless of the contrary intention expressed in her late husband's Will.
I realize that this answer may not be entirely to your liking, and I regret being the bearer of information that you really don’t want to hear. But it would be unfair to you and unprofessional of me if I were to provide you with anything less than truthful and honest information. As such, if my answer has been helpful or informative to you, even if it wasn't necessarily what you wanted to hear, please hit the Accept button.
Edited by Alex on 2/26/2010 at 4:31 AM EST
Unfortunately, the wife does have the right to contest the Will. If I were her lawyer I would be advising her to do exactly that. So that's not really a surprise.
But this entitlement to the first $500,000 of his assets, that's not the reality. There is no such law.
Accordingly, the husband's Will does stand, but because the wife is contesting it - the fact is I think she will be successful in having the property transferred into her name based on what you've stated above, regardless of the contrary intention expressed in her late husband's Will.
I realize that this answer may not be entirely to your liking, and I regret being the bearer of information that you really don’t want to hear. But it would be unfair to you and unprofessional of me if I were to provide you with anything less than truthful and honest information. As such, if my answer has been helpful or informative to you, even if it wasn't necessarily what you wanted to hear, please hit the Accept button.
Edited by Alex on 2/26/2010 at 4:31 AM EST
Brisbane-Lawyer, Solicitor - Admitted 2005
Category: Australia Law
Satisfied Customers: 14,361
Experience: I did my law degree at the University of Queensland
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