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Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44907
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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My husband (seperated but no legal ) passes, victoria -

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my husband (seperated but no legal ) passes
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: victoria - sorry sent msg too early. seperated from deceased husband no legal divorce or settlement. his partner lived with him for 22 months. has been granted life interest in his house with house going to our 4 children at the end of her life interst only. plus superannuation and life insurance going to her. as surviving spouse what grounds do i have to contest o behalf of the children.
JA: Has anything been filed or reported?
Customer: probate is underway at the moment she is executor as well as his brother. house remains under their control until end of life i terest.
JA: Anything else you want the lawyer to know before I connect you?
Customer: partner is a registered nurse and my husband had cancer when she met him. they dated before moving intogether

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.

Good Morning

What is your question? Are you asking if you can contest the will?

Customer: replied 2 months ago.
I sent first msg too early. My question is my husband who passed away in june (we were not divorced just seperated no legal settlement etc). His partner lived with him for 22 months and has been granted life interest in his home which he left to our 4 children. They do not have any entitlements to the home until life interest ceases. Also supperannuation and life insurance was left to her. Do we have any grounds for contest of will given it was undertaken 10 days before his death from cancer a fact that she as a registered nuse knew when she met him.

Good Morning

The life interest was it in a will and when he signed the will was he under medication and is it possible he could not understand?

Was the will prepared and signed in front of a solicitor?

Your children and you can contest the will and if he was not able to understand you have to provide evidence and you will need medical records

Being a short relationship she will have difficulty asserting her rights to a life tenancy.

You will need to appoint your own solicitors to do this and you have to move quickly. All costs usually come out of the estate.

You can also challenge the superannuation.

You should contact the Trustee and advise them of the challenge.

If it was a binding nomination you have to look at the time he made it and also his mental state.

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.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.


Customer: replied 2 months ago.
I understand he was on painkillers and sedation type medication. Binding nomination and will were prepared in front of a solicitor on 26 may 11 days b4 his death

He passed away in 2011?

Why has nothing been done?

You are all out of time.

The law says 6 months from the date of probate.

Had your children obtained any legal advise? How old were they at the time?

Customer: replied 2 months ago.
No he passed away 6 june 2017. His will was 11 days before his death. Childrens ages are 20,21,23 and 26.

You will need to get information about the medication he was on at the time he did he will and binding nomination its affect on his capacity to understand etc.

You have to notify the superfund of the challenge and also fie a caveat on the probate with the court. Get a solicitor that practices in sussession law.

It is not easy but I suspect you all have a strong case.

Leon and 3 other Australia Law Specialists are ready to help you