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Patrick H.
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 5410
Experience:  Dip Law LPAB - Sydney based lawyer
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My mother inlaw and father inlaw were divorced 35 years

Customer Question

hi my mother inlaw and father inlaw were divorced 35 years ago,but after a couple of years she let him back home ,during their divorce she paid him out and paid off their house that is in her name,even though shes let him back home she has a will that says if she dies everything is left to her son,she just wants to know if he can contest the will if anything was to happen to her
Submitted: 9 months ago.
Category: Australia Law
Expert:  Patrick H. replied 9 months ago.

If you are saying they moved back in together two years after the divorce, then in theory they would then become a de facto couple and that would give him potential scope to claim as a spouse if there were no will, or under family provision rules if there is a will.

Under the family provision rules an eligible person, such as a de facto spouse can apply to the court for an adjustment of the distribution under a will, and the court can make an order for some amount to be assigned to the applicant if it considers that the deceased failed to leave an appropriate amount to the applicant. See PART IV of the following ACT:

http://www.austlii.edu.au/au/legis/vic/consol_act/aapa1958259/

It is far from an automatic thing, however, and it will depend on various factors, including the strength of competing claims and whether there was adequate provision made in the course of the deceased's life. Only a fully briefed lawyer can therefore give you firm advice as to whether such a claim is likely in your particular case, but it is certainly a plausible possibility based on the facts provided.

I trust the above assists.

Please rate my answer.

Patrick