Are you being cut out of a will?

Candice* is worried her mother is trying to cut her out of her will. What can she do to remedy the situation?

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Q. Candice
I have a question for you regarding your article titled – How best to prepare a will to leave out an estranged child. I am in the opposite situation where I find myself potentially being left out of a will because my mother has a problem with my husband, who is a lovely man. How does one manage a situation to avoid being left out of a will? Do I need to provide sufficient evidence that I have made contact with her over a period of time? What do I need to do?

My mother is ignoring me but is still emailing my husband on an ad-hoc basis to send messages to her grandchildren, but only on their birthdays or at Christmas. I find it strange that she would bypass me and contact my husband, who she does not like and would see him as being the person that has caused problems within the family. I believe that she is ensuring that I am left out of her will and does not make contact with me, so there is no evidence if I contest it. Does this sound familiar in your experience of dealing with wills and family disputes?

A. Candice, there is nothing that you can legally do to secure an inheritance.

Restoring and rebuilding your relationship is the best avenue to success.

If you are left out of your mother’s will or you are left an inadequate inheritance you have a statutory right to challenge the will to seek orders modifying the will to make adequate provision for you.

Your chances of success in any such application depends on approximately 20 issues that the court will consider.

The appropriate time to explore your rights is after your mother passes, and the will becomes active, at which time you need to consult a specialist family provisions lawyer who will explore your rights with you.

*Not her real name.

Rod Cunich is a lawyer with more than 30 years’ experience in estate planning. If you have a question for Rod, email it to [email protected].

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Related articles:
https://www.yourlifechoices.com.au/finance/legal-and-general/how-much-to-update-a-will
https://www.yourlifechoices.com.au/finance/news/how-to-bequeath-life-insurance
https://www.yourlifechoices.com.au/finance/property/will-stepfather-have-final-say

Disclaimer: This information has been provided by Rod Cunich and should be considered general in nature. Seek legal advice before acting on this information.

These answers are general information only, not specific legal advice. You should not rely on these answers without specific advice from an expert who can review all the relevant documents and circumstances.

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