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My husband and siblings were basically disinherited by their…

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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: 4 months ago.Category: Australia Law
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Answered in 44 minutes by:
12/28/2017
Solicitor: John Melis, Lawyer replied 4 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 2,735
Experience: Principal Lawyer at Legal AU Pty Ltd
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Hi, my name is***** solicitor in Melbourne. Thank you for using Just Answer, and I will be with you shortly.

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Solicitor: John Melis, Lawyer replied 4 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 ?

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Customer reply replied 4 months ago
What sort of details?
Solicitor: John Melis, Lawyer replied 4 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 ?

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Customer reply replied 4 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 4 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

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Customer reply replied 4 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 4 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.

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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).

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