Nephew seeks bigger share of aunt’s estate

A case recently reported in the Australian media highlights how a lack of communication over estate planning can lead to disappointment among beneficiaries, and increase the risk of family disputes developing over the terms of a Will.

The case in question involves a man from Eltham, Victoria, who is suing for a greater share of his aunt’s estate, reports the Herald Sun.

Doris Rose Moore died in October last year at the age of 95, leaving an estate worth around $342,000. The bulk of this was split between six charities, including the Australian Red Cross Society and the Cancer Council of Victoria, while nephew Leigh Hambly Moore was bequeathed $30,000. There were also bequests to friends, of around $40,000.

According to the Herald Sun, Mr Moore has now taken his case to the Supreme Court, arguing that he should be given more from the estate as he was his aunt’s carer for around 15 years.

"By the time the charities divide the estate amongst themselves and with the legal fees, they might have enough money for a cup of coffee,” he told the Herald Sun. "There was not much left and only a principle involved."

In New South Wales there are a number of different grounds for challenging a Will, including situations where the deceased had a 'moral responsibility' to provide for you. However, you must act quickly – the time limit for contesting a Will is now within 12 months of the Will-maker passing away.

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If you are thinking of contesting, making or updating a Will then it is important to seek expert legal advice as quickly as possible. Contact Szabo & Associates Solicitors today and speak with one of our specialist solicitors. Call us on (02) 9281-5088 or fill in the contact form to the right of this page.