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Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44660
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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On 1st June 2015 my father died, he re-married after my

Customer Question

On 1st June 2015 my father died, he re-married after my mother (of 6 children) was accidently killed in a car accident in November 1971. Dad married Val (our stepmother) in 1974 and we became a family of 8 children. Dad was 93years old when he died and had been with Val for 41 years. When dad died he left a will (which his 6 children have never seen) but we believe he left everything to Val, but if Val had died before my dad (Horace Frederick Goldsworthy) then the money from the sale of their house plus their savings of approx. $7000. which was with a nursing home called the Pines in Ellenbrook, would be shared by the 8 children (6 to Horrie and 2 to Val). Dad will (Which our step brother says he cannot find and we have never seen) Well Val died on the 9th September and we have just found out that in her will (still unseen by any of Horrie's family) has left to each of Horrie's 6 children $20,000 ($120,000) and Val's two Children have been left the remaining amount of $140,000 each. if Horrie's will had been honoured it would have been $50,000 per child. What can we do?
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.

Good Morning

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

In Australia there is no reading of wills.

Did he make a will after his marriage to Val or was it his original Will?

If you are a beneficiary under the will you can request a copy. If not they do not have to give you a copy.

Do you know if both wills have been probated?

Expert:  Leon replied 1 year ago.

If the Wills have been probated you can contact the supreme court in your state and get an exemplification. That will give oyu a copy of the will as it is attached to the probate.

Then you will know what is in them and you can get more detailed advise on whether you can challenge them or are out of time.
I hope this makes sense and is of assistance.

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