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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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Hi....My Mother passed away recently and I am the sole beneficiary

Customer Question

Hi....My Mother passed away recently and I am the sole beneficiary of her will. A friend who was staying with my Mother and not paying any rent (board) or bills is now claiming they were in a defacto relationship to make a claim against her will.

Centrelink has them as not being a couple and paying single aged care pensions.

Would Centrelink find this as freud and prosecute him and what claim does he actually have on my Mother's estate?

Thanks
Submitted: 3 years ago.
Category: Australia Law
Expert:  Brisbane-Lawyer replied 3 years ago.
Would Centrelink find this as fraud and prosecute him and what claim does he actually have on my Mother's estate?

They likely would find an offence was committed and would also seek to prosecute this person. However, if this person can convince the Court he was in a de facto relationship with your mother for more than 2 years, he would have a claim to your mother's estate.

And if your mother did not leave a Will, it would be the entire estate he is entitled to.

Should you have any other questions, please let me know.

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