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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10458
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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I live in Australia and my father has just passed away. I

Customer Question

I live in Australia and my father has just passed away. I have been given a purported unsigned copy of my father's will. My sister in the UK is the executrix and has been given the majority of the estate. There are just the two of us. I believe I have been treated unfairly. Does my sister have to abide by the will's distribution or is she free to distribute the estate as she thinks fair and equitable. Do I have the right under UK law to contest the will or place a caveat on the assets until we have reached an amicable agreement. Thanks help. Barry Read
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.

Barry and thanks Just Answer.

My name is ***** ***** am happy to assist you with your enquiry.

As regards ***** ***** Will, a party can only place a Caveat if they believe the Will is invalid.

If a party wishes to make a claim against the Estate, on the grounds that they have not been left reasonable financial provision, this needs to be done within 6 months from the date Probate is granted.

However, on the basis that you were not financially dependent on your father, you have a pretty much zero chance of making such a claim, unless you had done something detrimental to your well being, benefit of your father, on the understanding that you were to inherit more from your father than he left you. (The classic example is where , a child gives up work to nurse a parent, on the understanding that they would be financially rewarded in the Will). I'm afraid if it is just a case that you feel you hav been treated unfairly, this on its own, does not give you the right to contest the Will.

As regards ***** ***** if your sister is in agreement, there is nothing stopping her from changing how the Estate is distributed. A simple Deed of Variation can be drawn up at any time within 2 years from the date of death, setting out the "new distribution percentages" and which acts in legally changing the terms of the Will.

I hope this helps you and sets out the legal position.

Kind Regards

AL

Customer: replied 2 years ago.
Al thank you so much prompt response. If I have any further questions once things have been discussed with my sister I will be in touch. Thanks again quick response.
Barry
Expert:  Aston Lawyer replied 2 years ago.

Barry,

Thanks reply.

If you are happy with my answer, I would be grateful if you could leave positive feedback.

Please feel free to request me in any future questions you would like to ask.

Best Wishes

AL

Expert:  Aston Lawyer replied 2 years ago.

,

Can I assist any further?

Kind Regards

AL