hi I'm hoping you could post something for me but please not included my name.
my dad passed away when I was in my 20s. he was one of four boys and I was recently told by my nan that her estate will be split between her 3 remaining boys. I have been told by a few people I should dispute Nans will when she passes away as myself and my siblings should be entitled to my dads share. Im unsure if I should as I don't want to cause a family argument but I'm not that close with the family anyway. my uncles money would go to his kids and that's where I guess my siblings and I am being left out.
please no nasty comments as I'm so unsure where my feelings lie with this matter
26 Replies
That’s really sad that your nan has chosen to do that! Make sure you get accurate legal advice. Depending on the size of the estate it’s not worth fighting when you consider the legal fees etc.
I would never do it. It gets vicious, your lack of relationship with your nan (assuming this based on you saying you aren't close with his family) won't guarantee you get anything anyway and contesting a will makes those grieving angry and unstable. Money isn't worth that in my opinion. But I'm the daughter of a lawyer who does this kind of work so my opinion is impacted upon by his comments that the money isn't worth the angst. I'm sure individual people who have gone through it may have different thoughts
I have such strong feeling about this sort of thing. A persons will is exactly that! Their last will and testament, your nan is decided who she wishes to leave her estate to and to be honest that should be the end of it. It’s her wishes. I would not contest, it rarely ends well!
She's not leaving it to the other grandchildren though, she's leaving it to her children.
If you don't have. a relationship with her where you could discuss that they will inherit it someday but you won't, then you also shouldn't be contesting the woman's will.
Children always rank higher than grandchildren in wills, been through it with my family. I don’t think you will get anything as you weren’t left any part. I don’t even think a grandchild can legally contest to be honest, only children.
Not when the persons child has died, their share can go their children. Grandchildren can contest a will in every state.
Actually it’s very difficult in Victoria, you have to prove you were a financial dependent of the deceased. My cousin recently sought legal advice regarding this very issue.
Thats when applying as a grandchild, OP would be contesting on behalf of her father in a way.
She’s a grandchild of the deceased, however way you spin it, she is not a child of the deceased.
Yes, dispute it. My cousins got my uncles share when my Pop passed away, nobody was sore about it, it was just the way it was. When you think about it it is fairer because it would be assumed the other grandchildren will get inheritance from their fathers when they pass on but you won't, and that inheritance is likely to have come from her. Like investments they make with the money will usually benefit their children at some stage. Go for it, some people are nasty with their Will, take what is yours.
Why not just chat to her about it?
Personally I don’t think it’s appropriate nor would I do it, practically relying on someone dying to inherit money :/
Why not? Say for instance there was a family business and OPs parents slaved away at the business meaning their children missed out on a lot? Or my husbands case where he missed a lot of school to work on the family farm as a kid? He helped grow the business and his parents wealth, so why shouldn't he contest if needed when the time comes? Theres a reason why wills can be contested, some people become greedy and try and punish kids with money. And as people get older they can be easily manipulated by people who convince them to leave certain people out. If they don't want to be fair with it they should spend it before they go.
This happend to us.. my father passed away before his parents. In the will it stated that if the parents were to supersede any children that the partner and children of the passed child where not entitled to anything...
My fathers parents both passed away the year after my dad. Before passing my grandfather was asked if he would like to change this (as they had cut another brother years before my dads passing.) due to their age and POA held they couldn’t change the will but requested that my mother was looked after. This was done after the Will was contested by the brother that was cut out... my uncle did not win on the contest
Speak with your nan and uncles to see if this can be an agreement however at the end of the day you are not entitled to anything as sad as it is.
I am of the opinion that when you don't harbour a relationship with people, why would you even want money from them?
I stopped my grandmother from sending my son cheques for his birthday. She'd never met him, and had only ever met me once!
I'm estranged from the rest of my family and will happily receive nothing when the time comes.
Yes, if you have nothing to do with them, why would you expect to be left money? It’s a two way street!
You assume the money your uncles would receive would go to their children (your cousins) - but you don’t know that. It’s their decision as to what they do with the funds/assets they receive - just as it is your grandmother’s decision as to who she leave her funds and assets to!
She is still alive for goodness sake, and you’re already considering disputing her will when she’s deceased? Unbelievable.
She owes you nothing. Her Will, her business.
I was thinking the same, what if they spend it on a world trip? So many assumptions being made and the poor woman isn’t even dead yet. I have never heard of someone considering contesting a will when the person is still alive. Why don’t you talk to her about it now if you feel so strongly about it?
How disgusting when people fight over a will . Unless you are homeless and living on the street , leave it be ! Greedy bastards everywhere wanting other people’s money , get your own !
My cousins inherited there dads share of my Nan’s estate - and the living brothers wouldn’t have had it any other way!
I did have a friend though who inherited his mums share of his grandparents estate and his aunties and uncles never spoke to them again. One of the aunties had taken the NaN to a lawyer to change that clause in her will not long before she died it was meant to be changed to they get $10,000 each not their mothers share but whatever or who ever made the mistake the will ended up reading the got both an equal share and $10,000. The aunties and uncles thought they should be happy with the $10,000 each... the took the share. The saddest part is that the aunties and uncles where only down $7,000 each by them taking the share but they completely wiped them over it! Money creates monsters!
If your dad was alive would he have received a share?
If so, then I agree you are entitled to his share.
Do you feel comfortable enough to speak with your grandmother about it? Contesting it later on will be costly and exhausting.
I wish you luck - I know what its like being left out of a Will - through no fault of my own.
I didnt contest it - I believe it shows how nasty they were.
I believe things should be split fairly.
When my grandmother passed she adjusted her will so that my cousins received what would have been inherited by my uncle had he still been alive. There is nothing wrong with wanting to receive a portion of your family history - furniture, nicnacs, even money.
That said, one of my cousins accused us of manipulating our grandma to change her will in our favour - death can make people greedy and mean. Don't be that person, talk to her while she's still alive about how you feel.
With all due respect, no one.is entitled to anyone's money. If your nan has chosen to do that, then so be it.
It may be unfair but it's her money and she should choose where it goes.
Have you tried talking to your nan and expressing how you feel?
In my dads will it said if i was to pass away for he did that my children would then get my share, i am one of three children me and the eldest have children but my younger sibling has no children. If my younget sibling was to pass away then it is split between me and the older sibling as she had no children
I would seek legal advice and go from there. Growing up we always thought there was 5 children belonging to my man and pop when pop passed away it came out of the woodwork my nan had another child. She was never raised within the family we never knew about her. However this secret daughter died not long after my nan and her daughter contested my nans will. Now bare in mind we had never met these 2 at all, but you know what she was granted stuff through the courts. All of my aunts and my uncle were very angry about this. This grandchild decided that she was entitled to all the most valuable things that were not gifted by her to our nan. So she got things that were most of sentimental to the others ie Jewelry, wedding photos, her share of money, and few other things.
In both wills of my nan and pop it was stated that everything that was given to her was do go back to the person whom gave it to them, she had lists of whom have what, there was a list of stuff she wanted each child to have and each grandchild to have. And everything else was to be sold and divided between her children. There was not one single things listed on these list for the grandchild we had never met or had anything to do .
Said grandchild has also not spoken to anyone in the family since acquiring these things. In my eyes she should not have got a thing, or at least made an effort to stay in contact with the family to get to know every one.
Death and money bring out the utter worst in people as well as self entitlement.
It’s her money and she should get to decide where it goes. I find it extremely disrespectful to argue over the passed relative money. My hubby and I could have used money from a will in similar circumstances to yours BUT it’s not anyone but the person with the will to decide.
I'm a little confused by your Nan's response. Generally the estate is share via four children. In the event a child dies - it goes directly and is split equally between his descendants (grandchildren of that deceased child). Is there a personal reason why your Nan is not leaving anything to you or your siblings (from your Dad's decendants). Having said that I am a believer that no one is entitled to an inheritance, whether you be the widowed spouse or child. It goes to whomever the deceased person chooses it goes to.