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Ask Leon Your Own Question
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44870
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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My husband and I have been married for 3 yrs. He's never

Customer Question

Hi there, my husband and I have been married for 3 yrs. He's never been married before but was in a long term de facto relationship nearly 20yrs ago. At that time he bought a house in Qld and made a will, which he lodged with a lawyer in Qld. He no longer remembers which one. In the will, he left the house and all his belongings to his current girlfriend. Of course they split up and fast farward 20 odd years and he's married to me and we have a home in SA. My question is, if he were to die now, would the previous will still stand? We haven't done a will together. We don't really have the money to get one either. Thanks Michelle
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: We live in South Australia.
JA: Has anything been filed or reported?
Customer: What do you mean?
JA: What confuses you?
Customer: Well he's still living. I'm worried if he died, would this ex girlfriend come out of no where and try to claim 1/2 of my home
JA: Anything else you want the lawyer to know before I connect you?
Customer: Just wanting to know how good a will kit would be
Submitted: 3 months ago.
Category: Australia Law
Expert:  Leon replied 3 months ago.

Hi, I am Leon, a NSW Solicitor. I will be assisting you with your question. If you choose a telephone call, you will be charged an additional fee.

Expert:  Leon replied 3 months ago.

Good Morning.

If he is of sound mind he can make a new will and the old will becomes invalid.

If he doe snot make a new will and this will was made after you were married then you will have make a claim against the will if it is probated.

But the simplest thing for him to o is make a new will and that will invalidate the old will.

If the will gives his ex girlfriend the whole how she gets it all and you have to claim against her.

It is best that he makes a new will.

I hope this makes sense and is of assistance. If you wish a phone call please elect for one but be aware it will be an additional fee. If there is nothing further thank you for using my services.

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