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LEFT OUT OF
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Question:
My father recently passed away and left my two sisters his entire estate. My mother had passed away several years earlier, and had left her money to him. Now I’m left with nothing from both parents. I have a good job, but so have my sisters. What can I do?
Answer:
You have a right to bring a Testator’s Family Maintenance (TFM) application before the Court to ask for a proportion of the Estate. To know how strong your chances would be, and how much you could claim, I need to know all the facts surrounding your case, such as, how much help did you give to your father during his lifetime, did you get any large gifts from him before he died, was money lent or borrowed, how much assistance did your sisters give to him, etc. But here are some general pointers:
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Normally, children have a good chance of getting
something if they are left out of their parents Will, even if that child is grown up and self maintaining
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How much you can get depends
on the circumstances. We need to look at things like, why your father left you out – was it a whim or trivial reason, or something more substantial, such as you had not maintained contact for many years, etc.
TFM applications are normally unpleasant affairs that bring up bitter past experiences between family members. They also tend to be lengthy and expensive and cause a lot of stress. You should contact me to discuss the full details and to get an estimate of costs. What I would recommend is that we try and negotiate a fair deal with your sisters first, even if it is a smaller amount than you could get in Court, to save on costs and a total breakdown in relations – but that’s up to you….
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4 February, 2012
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