Australia Law

Have Australian law questions? Ask a lawyer now.

Ask a Lawyer,
Get an Answer ASAP!

My husband and siblings were basically disinherited by their…

Customer Question
My husband and siblings...

My husband and siblings were basically disinherited by their stepmother of 40 years who under the influence of a malevolent friend put her several million into a trust controlled by same woman with the beneficiary being her niece. The children had been promised a 50/50 split between them and said niece on their fathers death. Earlier wills reflect this. The neice (60 yrs old) is prepared to pay to break the trust and give money to the stepchildren however advice to date is that she would probably lose if she took it to court. What do you think?

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

Victoria

Lawyer's Assistant: Has anything been filed or reported?

No I don't believe it has

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

No just if she knows of any examples where people have had any success in this situation. The neice has been told it would cost$ 130000 and would probably fail.

Submitted: 7 months ago.Category: Australia Law
Show More
Show Less
Ask Your Own Australia Law Question
Answered in 44 minutes by:
12/28/2017
Solicitor: John Melis, Lawyer replied 7 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,543
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified

Hi, my name is***** solicitor in Melbourne. Thank you for using Just Answer, and I will be with you shortly.

Ask Your Own Australia Law Question
Solicitor: John Melis, Lawyer replied 7 months ago

there is possible to make a claim for family provision.

but in order to determine the merits of raising a claim further information will be required.

can you provide more details ?

Ask Your Own Australia Law Question
Customer reply replied 7 months ago
What sort of details?
Solicitor: John Melis, Lawyer replied 7 months ago

can you explain in further detail how was the promise of 50/50 split determined, is there any written evidence to support the same ?

Ask Your Own Australia Law Question
Customer reply replied 7 months ago
I believe in previous wills this was outlined though in the last will we knew about she had changed it to 70/30 in favour of the neice.
Finally unbeknown to us or neice she tied up 2.5/3 mill in a trust for the neice and gave the siblings $60000 each, same as 3rd cousins.
Solicitor: John Melis, Lawyer replied 7 months ago

ok

on this basis a family provision may be able to be raised.

the question as to whether it will be successful will be based on an entire review of all details.

would you like to discuss this by telephone?

I have extended a special offer for you to consider in this important matter

Ask Your Own Australia Law Question
Customer reply replied 7 months ago
The 50/50 split was probably because their father put the family house and Super into the marriage and on his death left everything to her.
Solicitor: John Melis, Lawyer replied 7 months ago

this is possible.

as I said there may be grounds for a claim. and it should not cost the amount you have stated if managed carefully.

Ask Your Own Australia Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a solicitorLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
863 Satisfied Customers
Experience: Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience

Deborah Awyzio is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Deborah Awyzio

Deborah Awyzio

Solicitor

863 satisfied customers

Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience

Sean

Sean

Experienced lawyer

855 satisfied customers

Law degree with 1st class honours from Australian National University.

James G.

James G.

Lawyer

17 satisfied customers

Australian Legal Practitioner

Darren Kruse

Darren Kruse

Solicitor

16 satisfied customers

Practising in in Personal Injury, Workcover, Civil Disputes, Family, Wills and Estates and Criminal law.

Leon

Leon

Solicitor

27,790 satisfied customers

BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

Daniel

Daniel

Solicitor

5,976 satisfied customers

Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court

John Melis

John Melis

Lawyer

3,543 satisfied customers

Principal Lawyer at Legal AU Pty Ltd

< Previous | Next >

Related Australia Law Questions
Mary Bourke, Phillip Island:Re interpretation of a clause
Mary Bourke, Phillip Island: Re interpretation of a clause in a deceased estate's Will. I am co executor of my aunt's Will and require clarification of a Clause 6 in her Will regarding the extent of d… read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers
Given I have my two children 5 days a week out of 14, my ex
Given I have my two children 5 days a week out of 14, my ex and I have a house together we're planning to sell but pay a $3k a month mortgage on, and the fact I earn about $80k a year, can someone ple… read more
Daniel
Daniel
Solicitor
Bachelor's Degree / Graduate Diploma
5,976 satisfied customers
I live in Sydney and am 50 years old, work in a senior role
Hi, I live in Sydney and am 50 years old, work in a senior role for an ASX listed company and earn between $350k and $450k pa (depending on bonus). My wife is 45 years old and is a long term casual em… read more
Daniel
Daniel
Solicitor
Bachelor's Degree / Graduate Diploma
5,976 satisfied customers
I would like some advice on obtaining full custody of my
Hello I would like some advice on obtaining full custody of my niece who is currently living at a foster home for uniting Burnside foster care. My niece has expressed to me she is frightened by the wo… read more
Havenlawyer
Havenlawyer
2,531 satisfied customers
Adult son has been left $350,000 on the passing of his
Adult son has been left $350,000 on the passing of his father in March. The estate is worth maybe $5 million. Three weeks before his father died the Will was changed by his stepmother. Well that has y… read more
James D. Ford
James D. Ford
Lawyer
1,600 satisfied customers
Have the Commonwealth Bank refusing to give details of an account
Have the Commonwealth Bank refusing to give details of an account that was set up in her name as a trust account by her aunt. Both names are XXXXX XXXXX and it was a settlement cheque that went into i… read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers
Hi,I communnicated on related matters a few weeks ago and
Hi, I communnicated on related matters a few weeks ago and I have some further decisions to be made on how to proceed with the arrangements with my de-facto (wife to be) partner. Some of this might be… read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers
hi ive been married for 15 yrs and now seperated in that time
hi ive been married for 15 yrs and now seperated in that time my ex has left me twice for a total of a 1yr she has worked for approx 7 yrs in our married life in which time of have paid the mortgage w… read more
Daniel
Daniel
Solicitor
Bachelor's Degree / Graduate Diploma
5,976 satisfied customers
hello, my daughter (shes a minor) has been named as a beneficiary
hello, my daughter (shes a minor) has been named as a beneficiary in a will from her Great Grandmother but is receiving only $20 thousand dollars out of an estimated 1.2 million which is being current… read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers
HiHave split up with my wife of 14yrs, have 2 boys ages 11
Hi Have split up with my wife of 14yrs, have 2 boys ages 11 and 13, what percentage of house sale is ex entitled to, is it 50/50? The boys spend every second weekend with me and I still take them to t… read more
Alex
Alex
Lawyer & Solicitor
Master
11,225 satisfied customers
My Mum has recently passed away (Queensland Resident), and
My Mum has recently passed away (Queensland Resident), and she updated her will approximately six months ago. She has signed every page with her witnesses, however she has not signed the statement of … read more
Alex
Alex
Lawyer & Solicitor
Master
11,225 satisfied customers
Hi, My mother and father divorced a few years ago and my
Hi, My mother and father divorced a few years ago and my mother got approximately 40% of everything my father and she owned. My father retained his two properties and assets but had to pay her approxi… read more
Peter J R Gauld
Peter J R Gauld
Solicitor
Bachelor's Degree
571 satisfied customers
I am the executor of my mothers will - My family are beneficiaries
I am the executor of my mother's will - My family are beneficiaries and live in England. They are aged pensioners entitled to free housing included in their pensions as long as they have a less than 1… read more
Alex
Alex
Lawyer & Solicitor
Master
11,225 satisfied customers
Rather than update his will when I married in 1977, my late
Rather than update his will when I married in 1977, my late father created a discretionary family trust and a trustee company a few weeks after my marriage. My father and stepmother each held a $1 sha… read more
D. Coleman
D. Coleman
Solicitor
Bachelor\u0027s Degree
795 satisfied customers
My mother who is 98 years old is the sole beneficiary of my
My mother who is 98 years old is the sole beneficiary of my late uncle's estate. I have two other siblings, the older of which has held powers of attorney and is nominated as executor of both wills. I… read more
Maurice
Maurice
Lawyer
Master's Degree
1,980 satisfied customers
My dads passed away on November 20th. He lived with a de facto
My dads passed away on November 20th. He lived with a de facto partner for 28 years. He totally owned his home prior to their relationship. Since his death myself and my sisters have not been given de… read more
Maurice
Maurice
Lawyer
Master's Degree
1,980 satisfied customers
Type Your Australia Law Question Here My father remarried
Type Your Australia Law Question Here My father remarried and formed a family trust with my Stepmother, my father passed away Easter 07 and shortly after my Stepmother changed the wording my part of t… read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers
I need some advice on contesting a Will. My Stepmother passed
I need some advice on contesting a Will. My Stepmother passed away in Victoria one month ago, and I have been advised by the Executor of her Will that I was excluded from the Will. The Will was split … read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x