How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Lillian DuRen Your Own Question

Lillian DuRen
Lillian DuRen, Lawyer
Category: Australia Law
Satisfied Customers: 8
Experience:  B.Ec., M.I.R., LLB
Type Your Australia Law Question Here...
Lillian DuRen is online now
A new question is answered every 9 seconds

my defacto partner of 21 years passed away recently and appointed

Customer Question

my defacto partner of 21 years passed away recently and appointed myself and his oldest son as joint executors. During the 21 years i paid half of all household expenses /rates,ins,water,phone and electricity etc. most came out of my bank by direct debit and he gave me a cheque at the end of each month for his half. I maintained the 4 homes we lived in during this time - did all outside mowing,painting etc and also nursed him at home duting his health issues which began 7 years ago.

Briefly: his will provided me with life tenancy in the home but all maintenance and upkeep was at my expense. I am 67 and healthy. Upon my death the house goes to his sons who were not close to him except Steven.

If i sell the home i have to get permission from steven and any profit made also goes to the sons

This will be hard on me as i am a pensioner and would like the house in my name only.

The boys and I will each be receiving approx: $12,000.00 from the estate after expenses

XXXXX XXXXX
Submitted: 5 years ago.
Category: Australia Law
Expert:  Lillian DuRen replied 5 years ago.

Dear XXXXX,

 

Can you tell me which state you are in please?

 

 

Customer: replied 5 years ago.
thankyou for prompt reply = I live in New South Wales - Australia
Expert:  Lillian DuRen replied 5 years ago.

Dear XXXXX,

 

Have you considered making a claim under the Family Provision Act. Life tenancies are not considered fair and equitable on the partner left behind after such a long relationship.

 

You might consider making an appointment with a solicitor who could advise you on your specific circumstances. But my experience with life tenancies is that the Courts are more than willing to overturn these types of bequests, which is not really a bequest at all, but rather a right of residence and you still have to pay for all the maintenance. Then the boys will take the benefit. It is not fair and you should consider seeking the consent of the boys to put the house in your name.

 

Can I assume that you would leave your estate to the boys or do you have children of your own?

 

What about all the other properties he owned and you contributed to?

Customer: replied 5 years ago.
All other properties were in his name only - I helped in the cosmetic area of making them look a lot better than when we moved in as well as paying half of all household expenses. We had seperate bank accounts and I paid all my own personal accounts re car and health insurance etc . His sons have also had gifts of money and help over the last 20 years and they will also inheriate money from their mothers estate when she passes on which will be all going well about when I do. I just don't want to have to ask steven if I want to sell house later. I will probably not see the other three much again as they did not have much contact with their father. Ps I have always done gardens and mowing etc. His family and our friends will attest to this - Hope this helps. I will be away fora couple of hours. Will check email later tonight. margaret
Expert:  Lillian DuRen replied 5 years ago.

Dear XXXXX,

 

You should seriously speaking with a solicitor about contesting the will. It is unfair that you are restricted like this. What if you need to sell the house later to pay for nursing home care, for example? What your de facto's will means is that if you sell the house, you get nothing. How is that fair?

 

You would need to give up your role as executor but that would not be difficult. Please seek legal advice. Any legal costs for a family provision claim comes out of the estate so your current financial circumstances do not come into it. Also, the whole estate would need to be considered, so any properties, even if in his name only, form part of his estate. You are entitlted to claim against all of his estate.

 

I strongly recommend you get legal advice Margaret. It is not right that you should have to worry about how you are going to survive when you have been in a relationship with this person for 21 years and have made contributions to the value of his estate.

 

 

Lillian DuRen, Lawyer
Category: Australia Law
Satisfied Customers: 8
Experience: B.Ec., M.I.R., LLB
Lillian DuRen and other Australia Law Specialists are ready to help you
Customer: replied 5 years ago.
thankyou that is the answere i was hoping for - margaret
Expert:  Lillian DuRen replied 5 years ago.
I'm glad. Please seek advice on your entitlements.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Deborah Awyzio

    Solicitor

    Satisfied Customers:

    859
    Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
< Last | Next >
  • http://ww2.justanswer.com/uploads/DA/dawyzio/2011-8-17_41631_Debheadshotfromfrontdesk.64x64.jpg Deborah Awyzio's Avatar

    Deborah Awyzio

    Solicitor

    Satisfied Customers:

    859
    Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
  • http://ww2.justanswer.com/uploads/AU/AustralianLawyer/2012-8-24_122120_SeanPhoto.64x64.jpg Sean's Avatar

    Sean

    Experienced lawyer

    Satisfied Customers:

    837
    Law degree with 1st class honours from Australian National University.
  • http://ww2.justanswer.com/uploads/SE/section52/2011-3-4_91720_darrenkrusehs.64x64.jpg Darren Kruse's Avatar

    Darren Kruse

    Solicitor

    Satisfied Customers:

    16
    Practising in in Personal Injury, Workcover, Civil Disputes, Family, Wills and Estates and Criminal law.
  • http://ww2.justanswer.com/uploads/BR/Brisbane.Lawyer/2013-10-15_65512_ProfilePhoto.64x64.jpg Brisbane.Lawyer's Avatar

    Brisbane.Lawyer

    Solicitor

    Satisfied Customers:

    105
    Lawyer of the Federal and High Courts of Australia; Lawyer of the Supreme Court of Qld
  • http://ww2.justanswer.com/uploads/MB/mbb75/Kylie at Makdap 500x500 pixels.64x64.jpg kmslegalservice's Avatar

    kmslegalservice

    Solicitor

    Satisfied Customers:

    18
    I have 14 years legal experience behind me and I graduated from the University of Sydney with First Class Honours in Arts/Law.
  • /img/opt/shirt.png Patrick H.'s Avatar

    Patrick H.

    Lawyer

    Satisfied Customers:

    4168
    Dip Law LPAB - Sydney based lawyer