QLD Age to inherit in will.

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

JanTown64

Member
24 January 2022
1
0
1
Can you state a certain age for a beneficiary to receive money from a will for 1 child and not state the same age for the other without explanation in will?
My children's grand mother states age 25 for my daughter and 30 for my son. She does not state the reason why.
Can we challege this?
I have concerns that the estate will not be managed correctly and when he turns 30 in 6 years time, there will in all likelihood no money.
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
5,036
830
2,894
Sydney
She does not state the reason why.
I'm assuming in this answer that Granny had capacity when she made the will, and was free of influence (from everyone, including you).
If that's the case, then Granny is free to attach any condition she likes to her the gifts in her will, and no, she doesn't have to give a reason.
And even if she did, it doesn't matter what you think of that reason.
Can we challenge this?
Assuming that she had capacity when she made the will, and was free of influence (from everyone, including you), then while she lives, almost certainly not.
I have concerns that the estate will not be managed correctly and when he turns 30 in 6 years time, there will in all likelihood no money.
The way this usually goes is either... when the client's ex-spouse (or sometimes, whichever of the client's siblings is "looking after Mum's money") is, at best, inept with money, or at worst, is actually stealing it - while she is still alive.

Which means that your problem may not be with the will. Or with the as-yet-unappointed executor.
It's more likely to be with whoever is currently controlling Granny's money. Today, while she's alive.
In which case, you may not be in the realms of Wills and Estates. Perhaps instead, you're in the realm of breach of fiduciary duty, elder abuse, and, potentially, crime.