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kmslaw, Solicitor
Category: Australia Law
Satisfied Customers: 210
Experience:  I have 15 years legal experience behind me and I graduated from the University of Sydney with First Class Honours in Arts/Law.
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I am contesting my mother in laws will as she left me out of

Customer Question

I am contesting my mother in laws will as she left me out of it even though she verbally promised me a gift of money. I am wondering if I am legally able to contest as only a daughter in law? Am I still classed as a child under the succession act?
Submitted: 2 years ago.
Category: Australia Law
Expert:  kmslaw replied 1 year ago.

Hello my name is ***** ***** I am a solicitor in NSW who can help you with your inquiry today.

No, you are not classified as a child under the Succession Act 1981 (Qld). The only way you can obtain any benefit under her will is if you were wholly or substantially maintained by her financially at the time of her death. Or if she has signed something that can be taken to form part of her will. Have you got anything written by her about the issue?

Customer: replied 1 year ago.
No I have nothing. Has the succession act changed? I looked at it earlier in the year to find out who could contest and daughters in law and sons in law were included in the list. This no longer seems to be the case why?
Customer: replied 1 year ago.
Does my husband have to show he has a "need" to contest the will or can he do so without this?
Expert:  kmslaw replied 1 year ago.

Hello. Some amendments were made to the Act in March 2015 however these related only to international wils not the definition of child. Your husband does need to show relative needs as against other siblings and dependants for an adjustment of the distribution under the Will.

Was there a particular place you remember seeing that in-laws were covered? It seems a bit unusual given what I have read.