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Ask Leon Your Own Question
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44386
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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My brother died suddenly 3 years ago at age 56 and s de

Customer Question

My brother died suddenly 3 years ago at age 56 and his de facto partner said he was the sole beneficiary and has claimed the estate. We have just found my husband was executor of his will and his three siblings were to share equally. Have we any claim?
Submitted: 1 year ago.
Category: Australia Law
Expert:  christhelawyer replied 1 year ago.

His defacto partner would have had a claim to half his estate even with the will but certainly the will should have been probated and used as the basis for distributing his estate, even if she had a claim. It may be difficult to undo this know after the estate has been distributed however although that would be possible, but it depends on the value of the estate and what you want to achieve.

Customer: replied 1 year ago.
Is that because of the time lapse? My brothers partner is a man if you had read the email properly. We were parents to my brother from teenage years on he is 12 years younger. We would like to have been treated fairly. The estate is a flat in Sydney.
Expert:  christhelawyer replied 1 year ago.

In New Zealand the sex of the partners doesn't matter but I am not sure of the Australian law on this. There are also time limits on claiming against estates under New Zealand law, which are at 12 months after administration on the estate so time is an issue. The only prospect is if you think there was fraud on the part of his partner in overlooking the will deliberately

Customer: replied 1 year ago.
Can you not check Australian law on the same sex question? Time is an issue under nz law because the will was created here? The death and claim on the estate took place in australia. The partner has already claimed $180,000 in life insurance.
Expert:  christhelawyer replied 1 year ago.

I will transfer to an Australian lawyer because the ability to claim and use the will, will have to be decided there if the property was all there.

Expert:  Leon replied 1 year ago.

Good Morning

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

Can you explain to me, did the partner allege there was no will and did he apply for letters of administration?