A father had a great deal of confidence in his eldest daughter, who he appointed executor of
the Will and left everything. There was nothing in the Will, but he made it clear to his
lawyers, and to the family and family friends that the daughter was to share the assets equally
with her younger brother. After she obtained Probate, she kept promising to give the brother
half, but never did, and after the six months had expired from the date of Probate, she then
told her brothers that she was not going to give him anything as there was no provision in the
Will requiring her to do so. In the State concerned the limitations period has expired and the
brother now would like to bring an action to contest the Will, saying it was unfair to give
everything to the sister.
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Comment:
Provided the brother acts quickly, before the assets are distributed, or otherwise as soon as
possible, and is able to prove the promises made by the daughter, the Court should be
persuaded to allow the brother to bring an application late. A legal opinion should be
obtained from a barrister before commencing the action.
00683.6/CQ/SUL/20165379/AU/C/XXX/4/4/16/FAC/LA/?