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Brisbane-Lawyer
Brisbane-Lawyer, Solicitor - Admitted 2005
Category: Australia Law
Satisfied Customers: 14361
Experience:  I did my law degree at the University of Queensland
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My father is quite ill, we are estranged. He has made contact

Resolved Question:

My father is quite ill, we are estranged. He has made contact and we have spoken but he was a very violent man when he was living with us, my Mother (now deceased) often commented years later that if child abuse had of been advertised in those days as it was now days she would of had him up on charges.

Anyhow he remarried another lady with 2 children from a previous marriage, he also stopped drinking and lucky for them his violent nature never emerged.

Do I have any rights to his estate if he doesn't leave me anything? if so would it be a percentage of what he leaves behind? I think they have purchased their home together although I am not sure, this would then go to his current wife I assume or would I be eligible for a portion of this on her passing?

Thanks
Submitted: 4 years ago.
Category: Australia Law
Expert:  Brisbane-Lawyer replied 4 years ago.
Do I have any rights to his estate if he doesn't leave me anything?

Yes.

You can contest his Will if he doesn't make sufficient provision for you, or if he leaves you out of his Will altogether. And it would be for all assets in his estate that get divided up between the beneficiaries. For the property, if they purchased that together, it is not likely to form part of his estate and the wife would likely become the full owner of that.

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Brisbane-Lawyer and 2 other Australia Law Specialists are ready to help you
Customer: replied 4 years ago.
Hi Alex,

What classifies as "sufficient provision"?

Also my understanding of property is that if they are joint tenants then the property goes directly to the surviving party but if they are tenants in common then his portion of the property then makes up part of the estate, is this correct?

In relation to the 2 step children they were basically grown up children when they got together and I believe the son has never accepted him as a Step Dad although the girl has. She is the younger of the two and would of been around 18 or 19 when they got together. Are they still entitled to a share in his estate?

Kind regards
Del