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Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35574
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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If a person making a will bequeaths that one of his children

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If a person making a will bequeaths that one of his children receives 50% of his estate, a second child is to receive only 25% of his estate with the remaining 25% split between the second child's children (i.e. the testator's grandchildren), can the second child bring a challenge to the will on that grounds of an unfair distribution?Essentially the intent of the Testator above is that the grandchildren of his second child are to receive bequeathed amounts that are for all intents coming from the second child's share of the estate.Are there any risks with the above?

My name is ***** ***** I shall do my best to help you. I am reviewing your question now, and will respond further within a few minutes

There is no ground of "unfair distribution" on which a challenge can be made.

If the second child had been financially reliant on the testator and the testator had made no provision then they could make a claim against the estate; if child number one had influenced testator to make an unfair will then it could be challenged. However the scenario you have set out is not unusual and, subject to the above, is unlikely to be an issue

I hope that this is of assistance - please ask if you need further details

Clare and other Family Law Specialists are ready to help you
Customer: replied 9 months ago.
Hi Clare.Thanks for your reply, it does provide some peace of mind.I'm here in Australia where the Family Law Act can usurp what is set out in a will if a beneficiary can demonstrate that they been a dependent of the person making the will and that they have been unfairly treated.However, I'm making the inquiry on behalf of my elderly father-in-law who has been having issues with his son and wants to make sure that his son's two daughters are looked after by effectively providing for them from his son's share of the will, hence the son getting 25%, the two daughters 12.5% each and his daughter 50%.Your reply will help me re-assure my father-in-law that it would be unlikely for him to have his will challenged by his son for the above distribution.Thanks Again.Stephen