Abusive Mum Dies, With One Last Trick

Hi Scott,

I’m in a pickle. My brother and I are close, and we stopped talking to our Mum about 7 years ago after years of pretty severe abuse by her. We heard about 2 years ago she had an incurable disease, and just found out that she has now passed away.

The issue is, our Mum met a man a few weeks before being diagnosed and then married him. We don’t know this man, but he will be the sole beneficiary of everything she has, including a house she inherited from our late grandmother, also after our Mum was diagnosed.

My brother and I don’t think it’s right that this man gets everything - we never wanted to stop speaking to our Mum, but unfortunately that’s how life went. And I know - we already wiped our hands clean of her years ago, and could do the same with her assets. But it just doesn’t feel right. Where do we even begin?

Casey

Hi Casey,

I'm sorry you're going through this. You should listen to your gut. This timeline has more red flags than a Chinese Embassy. Let me tick them off: Mum meets man. Gets an incurable diagnosis. Marries him. Inherits Grandma's house. Dies. Leaves everything to a stranger.

That's bonkers!

So I ran this past my lawyer, Dr Brett Davies from Legal Consolidated. 

Here's what you can challenge:

First, the will could be dodgy: Did she have mental capacity while battling disease? Was she unduly influenced by this bloke? Courts can bin dodgy wills.

Second, the will could be unfair. Even if valid, you can argue for adequate provision. Courts say parents have a moral duty to provide for their kids, regardless of relationship.

Finally, the sleeper issue is your grandmother’s house. Get your grandmother’s will immediately. She may have only given your mum a life interest, the right to live there, not own it. If so, it automatically comes to you and your brother, not this stranger.

So here’s what I want you to do: get both wills, the marriage certificate, and title deeds. Find a deceased estate litigation lawyer through your state’s Law Society (you need courtroom brawlers, not gentlemanly will-writers). You've got six to 12 months from death or probate. Miss it and your claim dies.

Honestly, these fights are expensive and ugly. Have a meeting with your lawyer, understand your position, then you and your brother can decide together.

You've already survived years of abuse. If this will consume the next two years of your life, you have every right to walk away. You don't need to fight her anymore. You're free.

Peace be with you.

Scott