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Can I Win Now?
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Clearazmud View Drop Down
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Joined: 14/June/2009
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Posts: 103 		  Quote Clearazmud Quote  Post ReplyReply Direct Link To This Post Topic: Can I Win Now?
    Posted: 06/November/2009 at 22:31
I was written out of my gran's will but have retained a lawyer to contest the executor and main beneficiary. After challenging through my lawyer, my aunt the exec and main beneficiary replied through her lawyer that the will would stand as it was written in the presence of Gran's lawyer, and kept in that lawyers office. After that reply, I waited until until a little time was left to contest, and myself and another sibling sent a letter demanding money and further time to carry this out, from our aunt. We claimed in that letter, that my other sibling would also contest if the money was not forth coming. My aunt,must have relented and offered me about 8% of the estate in monetary value, plus some more time to agree to that offer, provided I agreed, to that offer. I have now sent another letter via my lawyer demanding a higher amount. The thing is, time has now run out for me to contest the will, and I want to know if what I have done so far, will allow me to still contest. On reading what I was offered, I realise that I have run out of time to contest I think, and because I was written out, and have not taken the offer up, I may miss out altogether. Will I have a hope of contesting now, or should I accept the offer. I have a fairly good income, and my aunt is pleading poverty, by way of the being a disabled pensioner with chronic health problems and living in a cheap housing area, and trying to escape that area. I need the money for the advancement of my life style.
I am not legally qualified.
Clearazmud
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rjm View Drop Down
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Posts: 114 		  Quote rjm Quote  Post ReplyReply Direct Link To This Post Posted: 07/November/2009 at 04:40
I think you should accept what's been offered and apologize to your aunt post haste.Maybe if you were the disabled one you might have some moral highground.People have to provide for their children,so yes you have first right to your own mothers estate when she passes.I'm pretty sure your Gran isn't required to provide for her grand children,especially considering you appear to be getting along in life ok by yourself.

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Clearazmud View Drop Down
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Posts: 103 		  Quote Clearazmud Quote  Post ReplyReply Direct Link To This Post Posted: 07/November/2009 at 13:19
My father died years back, and this is why we are legally entitled to contest the will. What am wanting to know is this. Having left it to the last week or so to ask for a Deed Of Agreement, my aunt allowed time to do that and offered money as well. I think I should get more money and so I have instructed my lawyer to ask for more. If my aunt now rescinds her offer or lowers it even further, will I have run out of contesting time?
I am not legally qualified.
Clearazmud
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rjm View Drop Down
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Posts: 114 		  Quote rjm Quote  Post ReplyReply Direct Link To This Post Posted: 07/November/2009 at 15:50
Unless your Dad left his estate to your Gran i still fail to see why you think you're entitled to anything...?
People will be more inclined to offer you info if they think you've genuinely missed out on something that you should have received.
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addison219 View Drop Down
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Posts: 82 		  Quote addison219 Quote  Post ReplyReply Direct Link To This Post Posted: 09/November/2009 at 09:33
I think your aunt obviously needs financial help, If what she claims is true, If you know her well it seems that your Gran left it to her seeing youve done well for your self and i her mind didnt need advancement, however a little advancement never goes astray. So looking from the outside it seems your aunt is being generous, and as for the deadline well i see in here people contesting well after the 18 months im not sure but im sure at this stage you should be ok? just get something down in black and white ASAP and get in touch with your aunts lawyers or her. good luck   
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Clearazmud View Drop Down
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Posts: 103 		  Quote Clearazmud Quote  Post ReplyReply Direct Link To This Post Posted: 09/November/2009 at 11:15
When a person fits the criteria to under F.I.P. Act, all they need do is find a lawyer. If the estate is modest, it will be a simple matter of getting the main beneficiary to see the financial figures of resisting a challenge, as opposed to making an offer. Most estates in Australia would be considered modest. Wealthy estates would be easy to exploit to the hilt, because of the legal fees and conditions set out. Each Australian state is slightly different in its rules. I will keep this forum advised of my case.

Edited by Clearazmud - 09/November/2009 at 11:17
I am not legally qualified.
Clearazmud
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Innocent View Drop Down
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Posts: 133 		  Quote Innocent Quote  Post ReplyReply Direct Link To This Post Posted: 09/November/2009 at 16:32
Thank you for the intent to keep the forum posted.
In any event, as paradoxical as it sounds, one can even contest the time limit allowable on contesting a will. What is required is an explanation outlining why it has taken as long as it has.
Best wishes to you and yours always.
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