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Intestate half sister

7 replies

Lavenderfarmcottage · 03/01/2025 16:31

Hello, I’m in Australia - WA.

I may have a lawyer who will work on deferred fees but will be waiting a while for her views.

My Sister died in September. We both had the same Mother and Farher so ‘full sisters’ and were raised together.

My Sister had a debilitating illness and for the most part I tried to help her.

Our Dad remarried when we were 17/20 and had a daughter when we were 21/24 with his second wife.

My Dad died and we set up a trust as advised by several. Law firms for our half sister. This was set up by law firms, she had a legal guardian and the court signed off on it.

Our half sister’s Mum/Dad’s second wife/our step Mum was given the remaining half of the estate. There is potential white collar crime (on her part) I suspect. She has spent her daughters trust or most of it.

step mother won’t let her daughter talk to us,
half sister turned 18 and I got in contact to let her know she had a trust. She did not know and was cross. She was able to negotiate a car but discovered her mother (who remarried after my dad) spent some of these funds on her other daughters school fees.

My sister (full sibling from my Dad’s first marriage with my Mum) died in September. She had a terrible but not terminal illness though there was substantial medical negligence: I am devastated.

Sister had a house and no children. According to intestate laws the funds go to my Mum 50% and siblings 50%. we never met our half sibling but in WA half siblings are the same as full siblings.

I considered letting this go and giving my half sibling 25% - well I don’t have a choice

My Half sibling said her Mul has never wanted her to meet us and that we are terrible, racist about her being Indonesian etc etc. She also claims that we made up sex abuse and this is why my Dad committed suicide.

My Step mother came to Australia when I was 17 and she was 24. She was really unusual and clearly didn’t want us there. This is a whole story. It was traumatic.

I was open to a relationship with half sister but it’s become obvious she’s invested living at home, at university,’wants to study medicine and has a degree of loyalty to her mother. She relays stories about my sister and I and it’s hurtful. As is the fact she “can’t” meet me as it would upset her mother and she’s not yet at 20 independent as at uni.

My half sister recently was able to negotiate her first car worth $50,000 because I informed her of her trust fund. She wouldn’t have b otherwise known. She seems nice enough but it’s clear she has loyalties.

My question is can I morally and legally object to her financially benefiting from my sisters death. She never expressed a desire to meet.

In fairness, my sister and I suspect our dads death wasn’t above board. we don’t believe our step Mum has given us the whole story.

Half sibling believes that all is above board and her Mum is entirely truthful.

My brain hurts.

I feel a deep sense of hurt that my beloved sister who I went to hell and back for - and gladly would again - will not be here to use her funds or go on a holiday. I can’t get past this nor can I get past the youth this she has and the trauma and abhorrent childhood. That my half sibling who barely knows her and has an alliance to her mother (which is understandable) who made our life’s hell, is upsetting.

My sister had a traumatic youth and life. I wanted more than anything for her to have happiness finally. That she is gone at 43 is devastating to me.

My sister was devoted to my son who is only 8’ans cared so much for us. I hate that she isn’t here to spend her own money but worse that someone with a vastly different life will be spending it for her

OP posts:
pikkumyy77 · 04/01/2025 00:41

Stop. None of this is relevant to the legal situation. Your sister chose to die intestate—she could have made a will at anytime . Her financial assets are only a fraction of the meaning of her life. They aren’t a reward for looking after her. Or a way of punishing your half sister. They are just material things.

Your half sister is as much or more a victim of your father’s decisions as you were. It seems unfair that she benefits from the family he abandoned and a relationship she didn’t csre about but that is down to the law and the law is an ass.

Write her a letter giving her the necessary information and forget about her.

TheSandgroper · 04/01/2025 01:40

I am so sorry for your loss. I can see how much it hurts.

I have probably read the same leaflet as you. There is no room for alterations. It’s very clear.

@pikkumyy77 says it very clearly. Ask for bank details, deposit the money and walk away.

The only chance you may have to clear the air is if your half sister, as an adult, comes to you asking questions. But, at this stage, you have no chance.

But, have you your will written?

Lavenderfarmcottage · 04/01/2025 05:16

No don’t want to punish little sister.

My sister and I never met half sister.

Half sister is 19 turning 20 and has been offered to have a friendship.

Half sister will only talk on certain terms and made it clear that she can’t have a friendship because her Mum won’t let her and she’s wary and hears terrible things about us.

I think it’s fine for her to choose her parents wishes but not fine for her to involve herself and consider herself a ‘half sister’ of someone she’d never met and that she had no intention of befriending.

OP posts:
LindorDoubleChoc · 04/01/2025 05:36

What was in your father's will? How was his estate split? I'm slightly confused as to why you and your sister were involved in setting up a trust for a half-sister you've never met. Surely that would be her mother's job?

McSpoot · 04/01/2025 05:48

No, you cannot object. I mean, you can in your heart/mind, but not legally or in a way that changes anything.

MaggieBsBoat · 04/01/2025 06:01

There is not much I can write as I am no Australian lawyer however I wanted to say how sorry I am that you are in this situation. It’s honestly awful when people don’t take time to write a will, especially when in poor health. These things are important. It sounds like legally you have no options, but it is understandable that it hurts a great deal.
A lesson to be learnt is to, yourself write a
will reflective of your wishes now and to revisit it if circumstances change.
You need to pay and walk away and leave the door open for when your sister escapes the emotional bounds of her mother.

Collaborate · 05/01/2025 11:01

If the deceased lived in Australia at the date of death you would be better off posting your query on an Australian message board rather than a UK one.

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