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Patrick H.
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 5421
Experience:  Dip Law LPAB - Sydney based lawyer
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My former husband Raymond Patrick Bacon passed away on the

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My former husband Raymond Patrick Bacon passed away on the 28/3/13 of cancer,
He Made a will a couple of days before he died leaving he estate to he's children and a brother he had not seen for 20 years. He made he's brother the administrator.

Rays brother contacted me regarding Rays Super. He said because Ray and I didn't divorce I may be able to recieve some or most of Rays super or I may have to share it with he's daughter Stacy. At first he said I was within my rights to contest the will but as I don't want to do that then he would recommend i get paid out one of the supers $25,000 if I signed a D form agreeing not to contest the will. He then called me and said they are 4 supers and he was recommending I get 75% of them the rest would go to Rays daughter Stacy. I the received a text message saying all the paper work for the will has been signed and sent to the court. But they have decided to handle the super in a different way, and he woud get back to me later on, that was about a month ago. My question to you is, as Rays wife do i have a claim on hes Super. Ray and i were married for 13 years and we broke up in 2006. Dale Bacon
Your entitlement to his superannuation will depend on whether your husband made a binding nomination in your favour, in which case you are entitled to the extent nominated by your husband.

Many superannuation funds, however, only have non binding nominations, in which case the nomination by your husband would not be binding on the superannuation trustees, and in such cases, the nomination would merely be treated as a recommendation but the trustees could use their own judgment. This would also be the case if no nomination were made at all.

If the superannuation is to be distributed at the discretion of the superannuation funds, then they would normally consider the merits of claims by both any surviving spouse, de facto and/or surviving children before making a distribution. For that reason, you should not simply sit by and let the other potential beneficiaries deal with the superannuation funds as likely they will gain an advantage by applying for the benefit and in the absence of any application from you, the trustees may distribute the funds to them and exclude you.

In relation to his estate, you are eligible to seek some share of his estate under the family provision laws, but you would only succeed in such a claim if the court were satisfied that you should have been provided for. Given you have separated nearly six years ago the court may be reluctant agree to such an application, though if you have not yet sought to bring a family law claim to separate your marital assets the court may determine you should have received some portion of your husband's assets. To pursue such a claim, however, you would need to engage an estate lawyer to review your case in detail with a view to preparing a court application.

I trust the above assists.

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Customer: replied 4 years ago.
As my brother in law lives in NSW and I have no idea what super funds Ray had then how do I find out which funds to contact. Rays brother is very hard to get hold of and won't tell me any more than I have told you. Is there a web site I can go on to find out this information.

Also I have no intentions of contesting Rays Will. From what Rays brother has told me Rays daughter and step daughter are contesting the Will.
In Rays will he left hes house and $250,000 to he's daughter Stacy.
$100,000 to He's daughter Jess ( six months before he passed Ray found out that Jess may not be hes daughter)
$400,000 to he's brother Graham ( Ray had not seen he's brother for 20 years until 2 weeks before he died and while he was in Palative care, at that time Ray changed he's will.
Unfortunately, if the executor of his estate (who normally has access to his records) is not forthcoming, then there is no magical way to find out.

What you have to do is contact his previous employers and request information about what super funds he was with. His previous employers should know what superannuation arrangements they had in place and be able to help you.

If the won't assist, are not known to you, or no longer exist, then you will simply have to write to all the major superannuation funds and hope you find some that can provide you the information you need. It is a somewhat tedious process but it may be worthwhile in the end.

I appreciate this is not the answer you were hoping for, but it is the reality of your situation.

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