Hi there. You mention that your step-grandfather is “leaving” everything to one of his daughters. It is not clear whether you mean the proceeds of the sale of the house are going to this daughter, or whether his estate, after his death, will be left to her.

It would be difficult for your mother and aunties to claim a legal right to any part of the proceeds of the sale of the house. If your grandmother was forced into changing the property’s certificate of title so that it reflected a joint tenancy with your step-grandfather (rather than sole ownership), then there may have been grounds to reverse this transaction or otherwise deny your step-grandfather a shared interest in the property. However, because your grandmother is no longer able to enforce her legal rights, and because her estate would have been finalised by now (given her passing was 11 years ago), it would be very difficult to revisit the transaction in which your stepfather gained joint tenancy.

A true joint tenancy means that the surviving co-owner receives 100% ownership. This means your step-grandfather would have received ownership of the house after your grandmother’s passing. As the current sole owner, your step-grandfather has the choice of selling the property and giving the proceeds to anyone he wants. He can also prepare his will so that, in the event of his death, his estate is distributed to whomever he wishes in whatever proportions he wishes.

There is a possibility of contesting a will after a person’s death. If all the beneficiaries (i.e. the people named as receiving a share of the estate) are adults and agree, the will can be amended by a ‘deed of family arrangement’. This is a legally binding document outlining an agreement between the parties with an interest in the estate. The parties do not need to go to court.

Another option to contest a will is to make an application to a court for re-allocation of the deceased person’s estate where inadequate provision has been made. Only certain relatives are eligible to make this application. An application must be made within 6 months of the grant of probate. Re-allocation of the estate may be ordered by the court if it is satisfied that the deceased failed to provide adequately for the applicant’s proper maintenance, education or advancement in life. The court will consider the size of the estate, the age, health and financial position of the applicant, and the closeness of the relationship between the applicant and the deceased.

Suggested way forward

The simplest way to resolve family disputes is to talk to each other, but this may not always be possible. You should consider speaking to a wills and estates lawyer about your family’s legal options. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.