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Daniel
Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 3410
Experience:  Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
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Good Morning, How are you? My ex husband (Terry) died intestate

Resolved Question:

Good Morning, How are you?

My ex husband (Terry) died intestate on 10/9/12. We have four adult sons and we divorced in 1997. Terry started a de facto relationship in 2000 and they bought a house together as tenants in common. Their relationship failed but they still shared the house. Terry moved into my house when he found out he was sick but was admitted to hospital the next day. He stayed in hospital for two weeks then came home to my house where my partner and I cared for him until he died (ten days). Terry's ex de facto is claiming that she was his partner and wants all of his estate but we are claiming she was not. We have given our solicitor stat decs and I recently obtained a patient information form that Terry completed and signed when he went to a specialist nominating me as his next of kin and stating his marital status was divorced. Terry's sons have been granted letters of administration although not in solemn form. Do they have the right to control his estate? Can they tell their solicitor to tell her they believe she has no claim? and, can that be enforced?
Submitted: 11 months ago.
Category: Australia Law
Expert:  Daniel replied 11 months ago.
Hello

This will be very hard to prove otherwise.

You divorced him in 1997, he is in a de facto relationship for that period of time and does not property settlement with her.

Hate to break it, but I think that she will get most of the estate.

Under the provisions, you need to do mediation before court. I suggest settling the matter and asking for some payment from the estate.

Even if the relationship failed, there was no property settlement, she will get most of the estate.

Please accept
Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 3410
Experience: Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
Daniel and other Australia Law Specialists are ready to help you
Customer: replied 11 months ago.

Sorry, I was a bit ambiguous, his sons want to make a claim against the estate - not me. At the time of his death he was not in a relationship, he stated that they were no longer a couple. Does the claim need to be made before the anniversary of his death?


 

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