QLD Capacity, Wills, Probate & Scheming Wife

[DaniDee]

TIA for reading my post

Scenario:

Family conflict - Adult son advises father that he is unable to visit family house anymore due to father's 2nd wife's excessive controlling, shaming, humiliation & criticism.

Feb 2011 - Father starts having memory and cognitive issues, goes to Dr and is diagnosed to have #1 aggressive Brain Cancer and has less than 12 months to live.

Father contacts son to resolve estrangement and tell son of diagnosis. Son willingly resolves and spends quality time, goes to hospital daily after work etc

12 months goes by and Father still alive, but dramatically declining

May 2013 - Father changes his will

November 2013 - Father passes away

Changed Will states - To leave everything to the 2nd wife.
However - if wife is deceased within 30 days, son will only receive 10% because he didn't spend enough time with father & wife and help them around the property etc. 90% of estate to be given to step-daughters

No probate...... Estate healthily substantial

Question -
1. If all of assets, bank accounts, superannuation etc have been prepared to be in husband & wife's joint names and sole beneficiary is the 2nd wife, is there still a requirement to apply for probate?

2. Because of Will leaving everything sole beneficiary, does the executor still have an obligation to advise/contact son regarding the Will

3. Is there ANY options to challenge Will after 6 yrs. Son didn't know his rights at the time and was led to believe that he didn't have any by the executor

 

[Paul Cott]

Hi Dani,
1. Probate is probably still necessary as there may be other assets and at this stage I don’t know if the assets being in joint names are in joint proprietorship or tenancy in common.
2. There probably isn’t an obligation to advise the son as he wasn’t a beneficiary technically.
3. Depending on your state, will challenges must be initiated 6 months after the date of the grant of probate unless extended. To extend time that far, would be difficult but it is largely a matter for the discretion of the Court as to the reasons for not making the application in time.
Hope that helps.