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Anyone know anything about inheritance law in Australia?

4 replies

soddinghormones · 09/08/2014 15:53

Quick background ... Dh's parents divorced and subsequently both married again. DH is the only child from any marriage and our dc are the only grandchildren. DH has not lived in Australia for the last 20 years and has never had a good relationship with his father. Dh's father was relatively well-off but before he died told DH that he was leaving everything to his wife (who will presumably bequeath it to her own children in time). DH not keen to investigate but I do feel a bit outraged on our dc's behalf

Anything we can do?

OP posts:
NorthWards · 09/08/2014 16:16

Australian Inheritance law is often determined by which state the deceased was a citizen of. For example, in New South Wales the spouse would receive: your FIL's personal effects, a statutory legacy of $350,000 and one half of the remainder of the estate. The remaining money, after her entitlement has been fulfilled, would then pass down to your DH.

If the father had a will then this will explain how funds should be distributed from his estate.

It does seem somewhat selfish of you to be grabbing at parts of the estate when, as you said, your DH was not very close to his father. I do however entirely understand your position and you are perfectly entitled to a share of the estate as long as there is no will and it exceeds the thresholds laid out in state law.

NW

PatriciaHolm · 09/08/2014 16:43

If he had a will then no, very little you can do. You could contest it, but given none of you were dependent on him, I would suggest your chances are pretty much zero.

soddinghormones · 09/08/2014 17:50

Thanks both

Just to clarify it wasn't for want of trying on dh's part that their relationship wasn't close :(

OP posts:
NorthWards · 09/08/2014 17:52

I'm really sorry to hear that sodding, I do hope you get what you deserve out of the whole thing.

Good luck Smile

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