Father leaves inheritance to only his biological children, despite raising his stepdaughter like his own since she was 6 years old, biological sister demands they split inheritance with her, whilst her brother refuses: 'it's not what dad wanted'

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  • Last Will and Testament Declaration
  • Aitah calling my brother selfish for refusing to split our inheritance with our stepsister

    My father died recently and left everything to my brother and I. My dad got serious with my stepmother when I was 11.
  • My dad has raised my (step)sister since she was 6 and even though I was 11 I came to see and call my stepmother as my real mum.
  • And I know my sister feels the same about dad. When mum died she left everything to him.
  • And I don't know why but dad changed his to leave everything to me and my brother.
  • My brother and I were always accepted and treated equal by her and her family. Our grandparents on her side has always treated us equally and definitely included us as equal grandchildren.
  • Obviously my sister was really hurt, she saw him as her real dad and thought he saw us equal, but apparently he didn't.
  • So I tried to talk to my brother and we should give her her third even if dad didn't include it.
  • He refused because it's 'not what dad wanted', she could inherit from the rest of her family and whatnot.
  • Woman comforting her friend
  • But I think it's unreasonable and unfair. I mean it includes assets and money originally from mum.
  • Plus mums will stated that if dad died before her it would be split among us equally.
  • She didn't just favour her biological daughter over us. I got upset and called him greedy and selfish for going along with excluding her.
  • We had a big fight after that and my fiancee thinks I'm in the wrong. She thinks I should accept their choice and do what my father wanted.
  • That I'm being an ass by insulting my brother and disagreeing. I can't agree, it feels like I'm betraying my sister and mum.
  • Am I really the asshole here? Edit for clarity: by my mum left everything to dad, I was referring to my stepmother, who I early said was my real mum and have only referred to.
  • No_Scarcity8249 Hold on.. was it originally your stepmothers money? Whos money was it originally? Is your step mom still alive or was it your bio mom who left everything to your dad? Also what country are you in? Im in the US and in my state depending on these circumstances she would have a legal claim. Need clarification
  • OP Comfortable-Seat-459 I'm from Australia. To my understanding she doesn't fit the criteria for family provision since she's not dependent on him so I don't think she can contest the will. And it includes my stepmothers money. My bio mother is still alive and no inheritance yet, not that I really want any from her.
  • Man shouting at sad woman in front of a lawyer
  • Acrobatic-Ad-2972 Depending on the state, she would be able to make a claim. In NSW it's called the Family Provisions Act, which she should fall under as she was a dependant on his household from a young age. I've seen successful claims like this many times in my line of work. I would recommend she consult with a lawyer, as she'd likely get something by trying, even if it isn't the full third. Most solicitors would do the initial consult for free, and there are plenty of no win no fee places out
  • OP Comfortable-Seat-459 Yeah but she's not dependant currently. My basic understanding is that you kind of need more of a reason than just being their kid, especially as a stepchild, if you're like a non- student adult. Granted my focus was (edit* not) in family law. I did an elective on succession law like a decade ago so might have changed since or I've just forgotten. Otherwise I can consider it, though admittedly i would rather not get lawyer involved.
  • This WeekInTheRegency No, you're NTA unless there was a really good reason your father cut her off. Otherwise, he decided to steal her inheritance from her, and she deserves restitution.
  • OP Comfortable-Seat-459 If he has any he never told us. As far as I knew he was treating her as a daughter until he died. I mean hell, I used to half-jokingly call her his favourite.
  • Juon_Kahvia Even an adult child can contest. Doesn't have to be a present day dependent. Happened to my father in law because of almost exact same situation, only the step sibling did not have an ongoing relationship with the father like the two full brothers did. The contestation tied up the process for years, lawyers fees ate up the estate, and in the end only a pittance was handed out - equally- to all siblings. This was in Queensland. Might be difficult for your step sister though, as sounds
  • OP Comfortable-Seat-459 My recollection is that adult children (in Victoria), can't recall if stepchild specifically or both, are held to the second, higher standard. So they'll take into account if she can take care of herself/reliance on dad, in whether she gets any money. But yeah I'll discuss it with her. Family law isn't my speciality.
  • millimolli14 Is her mums money (your step mother) included in this inheritance or did I read it wrong?
  • OP Comfortable-Seat-459 Yes unfortunately. Guess she didn't expect her husband to do something so terrible to their daughter.
  • RavenclawPrincess99 NTA. Wanting to share the money with your sister is understandable especially as she just lost her stepfather too it shows empathy. However it's also understandable that your brother doesn't want to share, he's trying to fulfill your father's wishes. My suggestion is to give your sister part of your inheritance maybe if you feel like she's entitled to it
  • OP Comfortable-Seat-459 Yeah if he keeps refusing that's what I will do. I just wanted some validation I'm not crazy, since my fiancee was agreeing with my brother.

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