Australia Law

Have Australian Law Questions? Ask a Lawyer Now.

Ask a Lawyer,
Get an Answer ASAP!

Australia Law
This answer was rated:

My husband (seperated but no legal ) passes, victoria -

my husband (seperated but no...
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
Show More
Show Less
Ask Your Own Australia Law Question
Answered in 2 minutes by:
8/21/2017
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 45,413
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified

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.

Ask Your Own Australia Law Question

Good Morning

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

Ask Your Own Australia Law Question
Customer reply replied 5 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.

Regards
Leon

Ask Your Own Australia Law Question
Customer reply replied 5 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?

Ask Your Own Australia Law Question
Customer reply replied 5 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
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 45,413
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified
Leon and 87 other Australia Law Specialists are ready to help you
Ask your own question now
Ask Leon Your Own Question
Leon
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 45,413
45,413 Satisfied Customers
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

Leon is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Deborah Awyzio

Deborah Awyzio

Solicitor

863 satisfied customers

Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience

Sean

Sean

Experienced lawyer

855 satisfied customers

Law degree with 1st class honours from Australian National University.

James G.

James G.

Lawyer

17 satisfied customers

Australian Legal Practitioner

Darren Kruse

Darren Kruse

Solicitor

16 satisfied customers

Practising in in Personal Injury, Workcover, Civil Disputes, Family, Wills and Estates and Criminal law.

Leon

Leon

Solicitor

45,413 satisfied customers

BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

Daniel

Daniel

Solicitor

5,833 satisfied customers

Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court

James D. Ford

James D. Ford

Solicitor

1,600 satisfied customers

Consulting Principal at Nexus Law Group

< Previous | Next >

Related Australia Law Questions
Need help with Traffic offence. In Victoria. I was fined for
In Victoria. I was fined for excessive speeding over 35km. Given fine and licence suspension over 6 months. I need my licence for work due to extensive travel with approx 70% of time spent in car for occupation and lots of country travel which will in effect render me unable to do my occupation. Hence wrote letter to Civic compliance explaining situation. They have advised they cannot review my type of offence. I have hence applied for court hearing. I want to keep my licence an request an alternative that will let me continue to drive. Cpuld you advice best course of action to proceed. … read more
Leon
Leon
Solicitor
45,413 satisfied customers
My Policy No CTNon BMB 38N with apia insurance in the name
My Policy No CTN###-##-####on BMB 38N with apia insurance in the name of Mrs Marlene Keogh I Paid $353.47 on 14th NOV 2017 Rec no###-##-#### Had an accident on 20/12/2017 we where in the right , They … read more
John Melis
John Melis
Diploma In Law
1,305 satisfied customers
Just wording what I can do about getting somebody else
Hi just wording what I can do about getting somebody else furniture and clothes out of my house. Does live here and also that person came when ever she wanted but when she came back take little and le… read more
John Melis
John Melis
Diploma In Law
1,305 satisfied customers
Are you in australia. Nsw and do youncharge. Reported to
Are you in australia JA: What state are you in? It matters because laws vary by location. Customer: Nsw and do youncharge JA: Has anything been filed or reported? Customer: Reported to Bank JA: Anythi… read more
John Melis
John Melis
Diploma In Law
1,305 satisfied customers
We are retired and living in Qld, but form SA We wanted to
We are retired and living in Qld, but form SA We wanted to return to SA and put a $5,000 deposit on a house (to be built) in an over 50s village in SA. My husbands health deteriorated and on Doctors a… read more
Leon
Leon
Solicitor
45,413 satisfied customers
My son has a large debt to the IRD Has been in a low paid
Hi, My son has a large debt to the IRD Has been in a low paid job, or no job for years and has no hope of paying it .It accumulates every year with interest charges and is now over $60 000 Should he c… read more
John Melis
John Melis
Diploma In Law
1,305 satisfied customers
An issue with Wynstan Blinds - engaged with them back in
An issue with Wynstan Blinds - engaged with them back in September and they measured and quoted - the blinds were installed 19th December and they did not fit the windows - there was a 1 inch gap at t… read more
John Melis
John Melis
Diploma In Law
1,305 satisfied customers
With My mothers deceased estate. My elder brother was POA, I
With My mothers deceased estate. My elder brother was POA, I have recently had a copy of bank statements and it looks like he has been making many withdrawls for himself some large others in just the … read more
John Melis
John Melis
Diploma In Law
1,305 satisfied customers
The insurance of the man who drove into our car is
The insurance of the man who drove into our car is Woolworths. Claim no 842152. Policy MOT 10362007. … read more
John Melis
John Melis
Diploma In Law
1,305 satisfied customers
My son and his partner signed a 6 month lease on an
My son and his partner signed a 6 month lease on an apartment. They are now parting ways. His name is ***** ***** bond. He has moved out and will complete the form 13 notice of intention to leave toda… read more
John Melis
John Melis
Diploma In Law
1,305 satisfied customers
I want to ask a question about dealing with Westpac bank and
I want to ask a question about dealing with Westpac bank and receiving extremely poor and unfair service … read more
John Melis
John Melis
Diploma In Law
1,305 satisfied customers
Qe got 2 kids who were bailed till 10 january we went 2 cau.
Hi qe got 2 kids who were bailed till 10 january we went 2 cau … read more
John Melis
John Melis
Diploma In Law
1,305 satisfied customers
Recieved request for info re unclaimed m5 toll refund. Nsw
recieved request for info re unclaimed m5 toll refund … read more
Leon
Leon
Solicitor
45,413 satisfied customers
Is there a charge for this service? Is just a question
Is just a question regarding an easement on a property - I'm a real estate agent and the owners of the property can't tell me what the easement is - so I just want to find out what it means. Could you give me a rough estimate of cost? … read more
John Melis
John Melis
Diploma In Law
1,305 satisfied customers
Born. My husband (now deceased) was born in Ireland. Our
I'm Australian born. My husband (now deceased) was born in Ireland. Our children can get an Irish passport. Can I? … read more
John Melis
John Melis
Diploma In Law
1,305 satisfied customers
My mother made a will with me being an executer she put in
My mother made a will with me being an executer she put in it if my stepfather was to sell the house mums half is to be paid to her children. She recently died and now he is saying he has lost the wil… read more
John Melis
John Melis
Diploma In Law
1,305 satisfied customers
If I was caring for our grand children, while the parent is
If I was caring for our grand children, while the parent is not around, what would I need to do to be able to enrol them into school, medical care to be able to make decisions that only a parent can d… read more
Leon
Leon
Solicitor
45,413 satisfied customers
I have a bnkwest mastercard which is direct debited each
I have a bnkwest mastercard which is direct debited each month. They did not d/d on the due date in December. When I realised, I phoned & they said pay it now & we won,t charge interest. On receiving … read more
John Melis
John Melis
Diploma In Law
1,305 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x