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Commence a contested will claim: Mother transfers property to one child prior to death

A son finds that many years ago his widowed mother transferred her property to her daughter,

his sister. Now, with the mother has gone, the son finds that there is nothing to pass under the

Will, and everything is effectively already in the name of the daughter.

He said that the Will may be invalid but this does not change the position for him. There is

nothing in the estate to pass to him so there is no point in arguing as to whether the Will is

valid or not valid.

He does not believe that there is anything technically wrong with the transfer and he believes

that his mother did the transfer of the property to her daughter through her solicitor with full

knowledge of what she was doing.

He will try and see whether there are any other assets against which he can claim but

otherwise, commencing a challenge to the Will will probably fail.


Comments by Terry Johansson, Specialist Wills and Estates Lawyer, CWPL

Even if a person is successful in contesting a Will, if there are no assets in the estate, any Court

Order in their favour will be ineffective. As the house was transferred some time ago, it seems

that his application cannot help him to retrieve that property.

Careful legal analysis needs to focus on whether the mother had capacity to transfer the property

to the daughter, but based upon the facts, it would seem that she did.