Yahoo!Finance
By Alison and Jillian Barrett
April 25th, 2025
Lawyers Alison and Jillian Barrett, from Maurice Blackburn, tackle problems everyday Aussies face. In this article, they address the following question– posed by a woman who ‘isn’t happy with her inheritance’.
My mum died and left $20,000 to charity. I got the house and another $50,000, but that $20,000 could make a real difference. She didn’t leave anything to my children. Can I take legal action to get that money? It’s our family money and I don’t see why it should go to other people.
Nerida, NSW
The purpose of your mother having a will was to allow her to decide how she wanted to distribute her assets. In this case, it was her wish to leave $20,000 to charity, rather than yourself or anyone else in your family. If you choose to contest your mother’s wishes, there is a legal claim you can bring in court, called a Family Provision Application, to challenge the will. The basis for bringing this claim would be that your mother did not make adequate provision for the proper maintenance or support of you or your children.
It is important to note that the court will not overturn a will simply because you feel that the distribution was unfair or that the money should stay in the family…
Alison and Jillian Barrett are Principal Lawyers at Australia’s leading plaintiff law firm, Maurice Blackburn.
