What is my Legal situation?

S

sully

Registered User
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127
Hi There,

my father recently passed away and has a modestly large family farm and there is a family of 5. with me being the youngest. My mother died years ago. I have no contact with my family for the past 4 years as the family situation became very sour.

Am i entitled to anything in my father's estate?

My father and siblings used to severly bully me and physically and mentally punish me, and when i became an adult I cut them off. When my Mother died, her part of the estate was spilt between all my other siblings by my father excluding me, although she did say she would provide for me before she died.

Do I have any claim if my father has left a will? Can i sue my father's estate for the abuse he inflicted on me?

A part of me, want to let everything go and just bury ther situation and be glad that my father is dead. But another part of me wants to make him pay for the pain he has caused me.

Any thoughts on this? I am sure my siblings will think i am just golddigging or other more offensive terms...

What do people think i should do. is there even a point to go to a solicitor and what type of solicitor should i go to?
 
Go and see a solicitor. You need someone who understands Probate and S. 117 applications.

If your father left a will, he may or may not have provided for you. If he did not leave a will, you have a right to a share of his estate. If he left a will and did not provide for you, A Court may or may not find ( pursuant to S. 117 of the Succession Act) that you are entitled to a share of your fathers estate. It would be a long drawn out, expensive and very stressful situation. It would cause even more aggravation and upset than has been the case before. If , as a family, you have not been able to resolve your differences prior to this, a Court case will not improve the situation.

No, you cannot sue your fathers estate for abuse. That is over. A Court won't make his estate pay for the pain you say he caused you.

mf
 
Don't allow yourself to be accused of "gold digging". You are as much your father's child as your siblings
 
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