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My brother died recently and his will leaves everything

Customer Question
Hi, my brother died...

Hi, my brother died recently and his will leaves everything (business income and 3 properties) to his wife, who is not the mother of his 2 children. There was no provision or direction in his will benefitting his children. Our mother died in 1998 and left $10K to each of her grandchildren. Whereas my husband and I invested this money for our 2 children in a rental property in their names, my brother did the same but the property was in his name, and this property, now valued at $1.25Mill, now belongs to his children's stepmother. His life insurance also went to her. What rights do my niece and nephew have to claim a rightful share of their father's will?

Lawyer's Assistant: Since estate law varies from place to place, can you tell me what state this is in?

Sydney, NSW

Lawyer's Assistant: What documents or supporting evidence do you have?

Only my brother's will. I was the executor of my mother's estate and know that $10K was given to each grandchild, and know that my brother put his children's share of the money into a property in his name because I did the conveyancing on that property (in Newtown).

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

My brother died of cancer and before he died he told me that the Newtown property was to be sold to provide for his children. He also told the children's mother the same thing. His children are aged 34 and 38.

Submitted: 8 months ago.Category: Australia Law
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Answered in 2 hours by:
9/12/2017
Solicitor: John Melis, Lawyer replied 8 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 2,777
Experience: Principal Lawyer at Legal AU Pty Ltd
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Dear customer, my name is***** solicitor, please allow me a few moments to review your question and I will respond accordingly.Kind regards *****
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Solicitor: John Melis, Lawyer replied 8 months ago
Dear customer, in relation to your important matter, the claim that may be raised is a family provision clam under estate administration Act. There are time limits to comply which are important to meet.In summary of the facts you have described, raising a family provision claim is the correct path to follow.If you would like to discuss your important matter further by telephone I welcome you to select telephone services.If you have any further questions please don't hesitate to ask.Kind regards *****
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Customer reply replied 8 months ago
Hi and thank you for your answer. I have to admit that I was was rather hasty in submitting this question and I did try to cancel it by applying for a refund (of $66 - not $5) - which was denied.
While I was waiting for answer I Googled for answers (which I should have done in the first place) and found that wills could be contested and claims could be made within one year of death.
At the moment we are waiting on my sister-in-law's generosity in sharing the estate (worth over $5Mill) with the children, but she is showing no signs of doing this. My brother's misguided understanding was that his wife would leave the estate upon her death to the children, but there is no provision for this in his will and she is free to leave it to anyone else.
Thank you for your time, I think I can answer my own questions from here and arrange to see a lawyer face to face to discuss this.
Solicitor: John Melis, Lawyer replied 8 months ago
Dear customer, you are welcome, if you would like to discuss my phone further I have extended a special offer to you.Kind regards *****
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Customer reply replied 8 months ago
No thank you. I'm already out of pocket $66. It was my fault for being too hasty and asking a question I could have answered myself. I thank you for your time.
Regards, Mariette
Solicitor: John Melis, Lawyer replied 8 months ago
Dear customer, thank you for the reply and I understand.If you have any further questions in the future I will be please to answer those for you free.Kind regards *****
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