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Patrick H.
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 5422
Experience:  Dip Law LPAB - Sydney based lawyer
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I married into a farming family and sadly my husband passed

Customer Question

Hi. I married into a farming family and sadly my husband passed away. where does that leave me financially? am I entitled to anything my husband was set to inherit?
JA: Since estate law varies from place to place, can you tell me what state this is in?
Customer: south Australia
JA: Has anything been filed or reported?
Customer: as in?
JA: Anything else you want the lawyer to know before I connect you?
Customer: I haven't asked his family for anything financially yet I just wanted to know if I did have a legal leg to stand on I guess if I did ask them for some kind of payout
Submitted: 1 year ago.
Category: Australia Law
Expert:  Patrick H. replied 1 year ago.

Hello and thank you for your question.

Even had your husband survived he is not legally entitled to expect to inherit something. Under Australian law people can generally leave their property to whoever they choose, and whilst most people leave property to their children, that is not always the case.

That said most states have laws that allow persons who are actually dependents to others to claim against an estate if they are left out, but they will generally only succeed if they can satisfy the court that the deceased ought to have made some provision for them having regard to other beneficiaries. If your in-laws provide you with regular support prior to their death you may be able to satisfy a court that you are a dependent who ought to have been provided for, as a basis for later challenging their wills if no provision is made to you, and this may be the best way to establish a legal claim, but their support would have to be voluntary.

In short, you can ask your in-laws to make some provision for you, but there is no legal basis for forcing such an outcome.

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

Good luck and please rate my answer.

Patrick