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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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My mother died 5 days ago leaving only $30,000 in an account.

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My mother died 5 days ago leaving only $30,000 in an account. One of my brothers has had power of attorney for 12 years as Mum had alzheimers. Her will stated that she left all she had to her 4 children in equal share.
However, one of my brothers died 5 years ago. Does his share go to the remaining surviving 3 beneficiaries (my 2 brothers and me)?
My deceased brother has a son. However they were estranged when my brother died. The son has not seen our family for over 20 years. My brother only left 20% of his estate to his son (so that he couldn't contest the will). He left the other 80% of his estate to his siblings (my 2 brothers and me).
Does the son have any claim on my deceased brother's share of my mother's estate?

Deborah Awyzio :



Deborah Awyzio :

UNless the will specifically provides that the share of any child who does not survive (your Mother) is to go to their children, then the estate will be divided among the surviving siblings.

Deborah Awyzio :

So as your brother died before your Mother his estate is not entitled to anything from your Mother's estate, unless your Mother's will has that provision as stated above.


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