[AMA] I am a Wills and Estate Planning Lawyer in Queensland

mr_vino89 on 13/03/2019 - 16:58
Last edited 14/03/2019 - 15:56

I am a Wills and Estate Planning Lawyer in Queensland. I'll answer what I can lol :)

Also practice in general property and commercial law as well.

Disclaimer:

You should seek independent legal or other professional advice before acting or relying on any of the content here or on the internet generally.

There are free legal advice clinics set up in Qld. See link below for locations: http://communitylegalqld.org.au

Also, I am only familiar with the Qld Succession Law so most of my answers are general or based on what I know in Qld. If you are question relates to a different state, I highly recommend that you seek independent legal advice from that state as it is likely to differ from Qld.

Feel free to PM me if you have any confidential enquiries.

Introduce Yourself

closed Comments

      • [Deactivated] on 28/03/2019 - 08:27

        I meant more the legal ramifications of accepting an inheritance under false pretenses.

    • mr_vino89 on 29/03/2019 - 10:21
      +1

      good question, I've never come across that situation before. But I suppose if both the child and the deceased weren't aware that the child wasn't his, then potentially the child may still be eligible to make a claim against the estate as step child or financial depedent of the deceased.
      However ff the child was aware that they weren't his biological child but continued to play along to receive a benefit from the estate, then it's likely to be a fraudulent and criminal matter.

      • [Deactivated] on 29/03/2019 - 10:36

        (..) if both the child and the deceased weren't aware that the child wasn't his

        The deceased had his doubts prior to making the will and shared them with his partner. The child found out only recently. Based on blood types, the deceased is unlikely to be the father of this child. However no DNA test has been carried out.

        He has another child who is only 5.No one is contesting the will. Should the (possibly) illegitimate child inform the executor of the new development? Does it even matter if no one is contesting the will?
        Btw, he doesn't want the money and would like it to go to his 5 yr old half-sister.

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