Australian law regarding death / will of parent when married to new step mother

[Kenny202]

My father died this week at 94yo. As far as I know he left very little apart from a block of land. May or may not be savings etc. I doubt it but you never know. In any case we're not talking corporate legal cases here. Just trying to gauge my position.

 

My father left my mother over 50 years ago and they were divorced. I have 2 other siblings. My father met a new lady, remarried some 30 years ago and had a child with her. My step brother. My father then also separated from his second wife about 10 years ago, estranged and lived in separate dwellings etc. Had little or no contact. As far as I know they are still legally married and there is no property settlement, official separation document or will. I am actually on good terms with my fathers estranged current wife and my step brother.

 

So my question is, under the above conditions will anything of value automatically go to the current wife even though they have been separated all these years? I'm sure everything is contestable in these circumstances but just want to know how this generally plays out? Do any of the authorities actually look for a will? I mean if there was a proper lodged legal will and it was in the interest of the person with most to gain to keep it quiet, is there a process where it would be found by someone else? Does the government do a search when the death certificate is lodged and notify beneficiaries / offspring?

 

Unfortunately Neither me or my siblings are in country or on in immediate position to assist in the clearing of the house so up to my step mother and brother to take care of that. Do we as siblings have any rights to do anything or is that up to the current wife, even if estranged for a long time? Like I said my step mother is a very decent woman and I don't envisage any wrong doing nor do I want to cause conflict, just being pro active and gauging our side of the families rights / position.

 

If it turns out there is a sizeable inheritance I may need to contact my Lawyer back home and look into it. Any advice from someone with first hand experience appreciated.

 

 

 

 

Edited February 4, 2021 by Kenny202

[RJRS1301]

There are formulas which differ in each state regarding distribution of estates, if no valid will is lodged for probate.

The wife will possibly have first claim, as there was no divorce, then the higherachy of descent and dependence come in.

The government does not do will searchs , it is up to a person close to the deceased to apply for letters of administration if no valid will located, or the public trustees step in for administration, and do seraches for descendants ( at huge cost)

His last will if found be seen as the current wishes of the deceased in most states, however contact with a community legal centre in the stae where the deceased lived may be worthwhile.

 

[Surelynot]

I do "know" that for a claim to be successful (in the UK) you have show dependency on the estate......

[Kenny202]

My friend in Australia seems to think that you apply to the public trustee as an "interested" party, and then you are kept in the loop. Like I said I am pretty sure they were still legally married but separated for about 10 years. As they were both on the pension, and the single pension is a lot better than half of a married pension I imagine at some point they must have registered separation with Centrelink at some point to get the single pension. I don't know if this would have any bearing on their marital status as far as a beneficiary. 

[taxout]

The son your father had with his second wife is your half- brother, not your step-brother; a half-brother is your blood relative while a step-brother is not.

 

(I mention this not to be fussy but in case it makes a legal difference in your situation.)

 

[scorecard]

On 2/4/2021 at 8:40 PM, Kenny202 said:

My father died this week at 94yo. As far as I know he left very little apart from a block of land. May or may not be savings etc. I doubt it but you never know. In any case we're not talking corporate legal cases here. Just trying to gauge my position.

 

My father left my mother over 50 years ago and they were divorced. I have 2 other siblings. My father met a new lady, remarried some 30 years ago and had a child with her. My step brother. My father then also separated from his second wife about 10 years ago, estranged and lived in separate dwellings etc. Had little or no contact. As far as I know they are still legally married and there is no property settlement, official separation document or will. I am actually on good terms with my fathers estranged current wife and my step brother.

 

So my question is, under the above conditions will anything of value automatically go to the current wife even though they have been separated all these years? I'm sure everything is contestable in these circumstances but just want to know how this generally plays out? Do any of the authorities actually look for a will? I mean if there was a proper lodged legal will and it was in the interest of the person with most to gain to keep it quiet, is there a process where it would be found by someone else? Does the government do a search when the death certificate is lodged and notify beneficiaries / offspring?

 

Unfortunately Neither me or my siblings are in country or on in immediate position to assist in the clearing of the house so up to my step mother and brother to take care of that. Do we as siblings have any rights to do anything or is that up to the current wife, even if estranged for a long time? Like I said my step mother is a very decent woman and I don't envisage any wrong doing nor do I want to cause conflict, just being pro active and gauging our side of the families rights / position.

 

If it turns out there is a sizeable inheritance I may need to contact my Lawyer back home and look into it. Any advice from someone with first hand experience appreciated.

 

 

 

 

In what country was the will made & signed?

Is it registered with any appropriate agency in that country?

[Kenny202]

4 minutes ago, scorecard said:

In what country was the will made & signed?

Is it registered with any appropriate agency in that country?

As it turns out there is no will but the post title might give a clue