QLD Mother with Dementia Changed 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

Fnqpaul

Member
27 March 2017
1
0
1
Hello.

My question relates to my mothers will. I am married with one dependent child. I gave 2 grown up children from a previous marriage. I had one sibling, who recently passed away. It was a surprise when my younger brother died suddenly, as I am older and have been in poor health.

My mother had made a will which had the proviso that in the event of either brother predeceasing the mother, or each other; the estate would go to the remaining sibling. I always had concerns as this meant if I predeceased my mother and brother, my 'share' would be divided between my 3 children- with my wife receiving nothing. In the case of my brother predeceasing myself - his 'share would go to me.

In an unfortunate turn of events it seems now, under the conditions of my mother's old will, that I would stand to inherit everything - as my brother had no children. My mother has determined in her will to make a small 'gift' to the 3 children.

Since my brother's recent untimely death, my estranged grown up children have been pestering my mother because they had envisaged receiving a third of my share (if I died), whereas now they will only get a small gift. To make matters worse by dying, brother tried to place pressure on my mother to leave his share, not to me, but to my children (his nieces).

It's a terrible and stressful situation. I am looking for answers based on law - not emotional inclination. Since my brother's recent death, I am aware that my mother has changed her will but I am not privy to the new changes. My mother has dementia and waxes in and out of sensibility.

I am angry that my now dead brother and estranged independent children have attempted to conspire against me by trying to influence my mother to alter her will.

Any help would be appreciated. I also have another pressing question which I will keep for another day.
 

Lance

Well-Known Member
31 October 2015
852
123
2,394
Hi,

It's just an opinion, but if your brother thought to discuss leaving his share to your 2 daughters and you mother agreed shouldn't that be a standing agreement. If the will reflects this maybe it is something your mother wants to honour when she has her sensibility about her. The truth of the matter is that it shouldn't be anyone but your mothers decision.

You could apply to the Queensland Civil and Administrative Tribunal to obtain guardianship over your mother and that way you will have control over financial decisions.