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Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44877
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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My father recently passed away. My mum and he divorced 10

Customer Question

Hi there, my father recently passed away. My mum and he divorced 10 years ago. My father remarried to a woman 10 years younger than him (he was 65, is 57). I do know that my dad changed him will so that everything Goa to her, but she had indicated that if there is enough money in dads super (his only real inheritance), but now, in a conversation with my brother, she's now telling up that she can't touch Dads super until she I 67. Which I didn't think was correct. I though that if you die, all your super funds and any life insurances (none here) went straight to the main beneficiary, or if not name, to the estate. Otherwise your getting situation where a 4 year might loose a parent and not be able to touch their parents super until they are ALSO 67' which is ludicrous. Can you please advise
Submitted: 1 year ago.
Category: Australia Law
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.

That is not correct.

She is lying.

The super can and will be released because he has passed away.

You and your brother have a right to contest any will and are also going to have to sign for the super to be released.

You need to get your own solicitor to act for you because you have rights to a share of the estate as he was your father and she is not your mother.

She is not telling you the truth.

I hope this makes sense and is of assistance. If there is nothing further

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