Death without a Will

A member asked over 8 years ago

Death without a Will

My dad died 2011. l am now 17. My grandfather got control of all his
assets. My mum didn't know the implications to letting him do this. He
has never let any of the funds be used to help with bringing me up or
my education. He took all of my dads belongings back to Victoria.
He took all my life with my dad away.

Mum has hired a solicitor in
the past and it cost her over $1000 to write one letter which got nowhere. We asked in that letter where all my things are; boat, car,
camper trailer, rifles, photos etc. We also asked about his funds.
They said my stuff was in storage but it has all been sold off. I want
my mum to take control of my inheritance.

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Law Advisor Research Team

Researchers at LawAdvisor

Hi there. It sounds like you are dealing with a stressful situation.

You did not say whether your dad had a will when he died or not. If he did have a will when he died, and he left all of his possessions to your grandfather and nothing to you, you may be able to contest the will on the basis that you are a child and require support out of your father’s estate. This is called “family provision”. In order to challenge a will on this basis an application has to be made to a court, so that the court can look at the case and make an order about whether you should get anything. An application for family provision can be commenced in either the District Court or the Supreme Court, depending upon the amount of provision being sought. The court will consider several things when making up its mind, including your own financial position and the size of the estate to determine your needs relative to the value of the estate. The Court will also look at the relationship you had with your father, as compared with the relationship your grandfather had with him to decide if it is fair that his share is reduced to make provision for yourself.

However, it sounds as though the property under the will has already been given out to your grandfather (since your father died in 2011). This make the situation a little bit more complicated, since your grandfather is already in possession of your father’s stuff. It is still possible to challenge the will at this point, but it is much more difficult, and will require you to prove that you really require some support.

Suggested way forward

In both cases, the road to a good outcome for everyone is long and can be quite complex, especially since you say that your grandfather is no longer in Queensland. Because of this we recommend that you seek a lawyer’s advice. We understand that you have had a bad experience with a lawyer in the past, and so it is important that you seek out a lawyer who has specific expertise in this area. By pressing the "Take Action" button through LawAdvisor - which opens in September - we can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of service.

Answered over 8 years ago Legal disclaimer

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