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/?