My Grandfather passed many long years ago and left all of his estate to his wife which was his second marriage (1st wife died) . My Grandfather had only 2 children - [Y] and [L]. My Step Grandmother had no children. When my Step Grandmother passed Oct 13 she had a will which left approx half the estate to both Y and L who are the only children of her husband - very specific will only leaving the husband and wife of Y and L a sum of $50,000 each. There was no other people named in the will.
She never talked about her family and told us there was no one. Unfortunately, my mother (Y) passed approx. 4 years earlier than my Step Grandmother - she did not change her will. She had my mother (Y) as her executor of will as well. She was very tight with her money and didn't want to go and pay the solicitor more money to change her will after my mother passed because she believed that because she left instructions to go to Y - it was just automatically pass to the person that Y had left her estate to which was her husband -[M] who was left the sum of $50,000 in the will.
We have been told that it is very clear that if we are not BLOOD RELATIVES and therefore the half of the will is invalid because my mother is not here to take the inheritance. So it now automatically goes to the BLOOD RELATIVES who exist on our Step Grandmothers side of her family. The Public Trustee NSW have found her nieces and nephews and they will receive all of the half inheritance that my mother should have received.
My Questions are: The will is clear that only the two children (Y and L) and their spouses are named in the will to get all the inheritance. Is this not deemed 'Will-makers intentions" and a court of law can over rule that the Blood Relatives on the Step Grandmother's side - who had nothing to do with her - receive my Grandfather's estate and not his BLOOD GRANDCHILDREN. I can't believe that this can happen - especially in today's society where there is a lot of second marriages and step parents. If you could help me find a way to right this injustice.
Thank you
She never talked about her family and told us there was no one. Unfortunately, my mother (Y) passed approx. 4 years earlier than my Step Grandmother - she did not change her will. She had my mother (Y) as her executor of will as well. She was very tight with her money and didn't want to go and pay the solicitor more money to change her will after my mother passed because she believed that because she left instructions to go to Y - it was just automatically pass to the person that Y had left her estate to which was her husband -[M] who was left the sum of $50,000 in the will.
We have been told that it is very clear that if we are not BLOOD RELATIVES and therefore the half of the will is invalid because my mother is not here to take the inheritance. So it now automatically goes to the BLOOD RELATIVES who exist on our Step Grandmothers side of her family. The Public Trustee NSW have found her nieces and nephews and they will receive all of the half inheritance that my mother should have received.
My Questions are: The will is clear that only the two children (Y and L) and their spouses are named in the will to get all the inheritance. Is this not deemed 'Will-makers intentions" and a court of law can over rule that the Blood Relatives on the Step Grandmother's side - who had nothing to do with her - receive my Grandfather's estate and not his BLOOD GRANDCHILDREN. I can't believe that this can happen - especially in today's society where there is a lot of second marriages and step parents. If you could help me find a way to right this injustice.
Thank you
