Hullo my mother passed away a year ago. There were 4 surviving siblings and the will was left with $10,000.00 to my

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Customer: Hullo my mother passed away a year ago. There were 4 surviving siblings and the will was left with $10,000.00 to my older sister who said many times that she did not want anything left to her as she is reasonably well off. However my mother left her $10,000.00 and the rest of the money was divided between the other 3 siblings. She is now saying she is entitled to more and saying she is going to contest the will. My brother is executor and he did not inform her she was a beneficiary as he thought it would be a nice gesture to send her the $10,000.00 once the investment reaches maturity. Was this wrong and does that put us in a bad position? What rights does she have?
JA: Since estate law varies from place to place, can you tell me what state this is in?
Customer: I am living in Sydney but the will was made in Southland NZ
JA: What documents or supporting evidence do you have?
Customer: The will
JA: Anything else you want the Lawyer to know before I connect you?
Customer: My mother had a broken realtionship with my sister as she claimed in court years ago that both her parents were dead which was not the case. She has a criminal history.
Answered by John Melis in 6 hours 3 years ago
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John Melis
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John Melis, Expert

Hi, I’m John, solicitor, and reviewing your post, and may need to ask a few questions a long the way to assist you.

Concerning your important matter about the estate administration of your late mother, the executor has an obligation to inform all beneficiaries named on the wheel that there is a benefit coming to them and provide a copy of the will to that beneficiary when requested

If the executor has acted in this manner then there's no claim that can be raised against executor for any negligent handling of the estate

Where the child wants to make a claim against the estate this can be a very costly exercise and the process will require family provision which means there needs to be proceedings in the probate division of the Supreme Court. If she loses the case in the Supreme Court, she'll have to pay all the legal costs of the estate so this means the estate will not be out of pocket.

Thank you for reaching out today.

You have a legal right to protect your interests in this important situation.

I am a user like you in this chat forum to assist in your important question today.

Thank you kindly for rating me with 5 stars, which helps me support the community.

You can come back to this post any time to ask questions without additional charge.

I hope I have assisted with answering your important question today, and thank you for supporting the community.

Customer
I must apologise I did not realise anyone had replied. But can she contest the will if she has already been left a certain amount of money?
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John Melis, Expert

Yes, you still contest the will if there is money left in the estate

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