Thank you for your question. To Introduce myself I am a sydney based Solicitor and will do my best to provide you with relevant information to assist you.
Is this a university assignment? If not can you please tell me the following?
Did the deceased leave a will? Did she have a binding nomination on her superannuation fund?
Hi its not a uni assignment its actually happening to my the boys. The man Damien is my biological cousin but I had made promise to the deceased to look after her boys as if they were my own,
The deceased had not will, and not nominated beneficiaries.
Hence why he has sought legal advice and is trying to make himself the administrator, he was also told that he had provide the death certificate.
Additionally there has been a claim made to the coroner by the deceased Aunty to look into her death as she believes that he had a hand in the deceased death.
The nearly 20 year old contacted legal aid in Tasmania and they didn't believe him, that he was entitled as her son, and that Damien was doing this. There is substantial amounts for the death payments, one at 350K and a potential 1.2M settlement and one that may have already been paid to Damien of 160K. the boys havent seen any of this money. The 20 year old is struggling as his mother the deceased used to give him money to live on to pay his bills, buy food etc.
Victoria, they had just moved over from Perth in the last 18mnth - 2 years. Some of her super may have been in WA. Also there will be other super outstanding its just that the boys can get the details as Damien has the TFN and all the other details. She also served in the Military and may have some entitlements there as well.
She was the only income earning Damien is on disability supports and had recived payouts from the navey. There is a motorbike and car both later models, that were in her name, there was also a second car that was in her name and Damien name. There is also a credit card, in her name and all the bills were in her name or joint names, there was a significant amount of expensive jewellery and at the time of her death $2000 worth of brand new clothing that had been unopened. Damien plans to sell all this. She had purchased on plans Iphone 5 and had just bought an apple mac. As far as I know there are not investment properties they rented the house. I also believe that he recently put all the cars in his name. That fine I can wait till you have had time its late as well! Thank you in advance for helping.
Yes he has stated that he has applied with the assistance of a Perth Lawyer for letter of Administration.
He would lie on the information.
The objective is that the boys get what they need we understand that he is entitled as well, but he is effectively getting rid of the her biological children so that they dont know.
We have no access to all the policy information of her TFN to check things out.
One fund was prepared to release the funds to him without the letter and we believe he has already $160K and the deceased biological children have not been given any of the money.
He currently receives a lot of money from the Navy for his payout as he was injured and he is working on get another compo payment by having it changed to a medical discharge.
How do the boys find out what super funds they can get in touch with? She held more than one policy. I will use the link you provided to get the boys to complain about the last one, that was disbursed without a thought to the fact the boys are dependents.
Hi please refer to the fact that they are residing in Victoria she passed away in Victoria and that she has policy in Victoria and potentially some in WA will this make a difference?
She was working in aged care in Victoria for the last 18 months.
The children have tried to get a lawyer through legal aid, with legal aid determining the 20 year old was not telling the truth due to his age.
He has said that he contacted a lawyer in Perth as he access to free legal being a returned veteran on compo.
I have no proof that he even has the letter of administration or that he has a lawyer though.
Also as a final question, if the coroner open an investigation into his role in her death and is found to be responsible will this effect his entitlements.
No thank you so much I appreciate it! I have a direction now and some idea how to get the ball rolling.
I hope this is of assistance. If I have missed anything, or you have any further questions please let me know before leaving any feedback.
If I have assisted please do not forget to leave me with positive feedback.
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