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I would like to ask say for example person A is receiving…

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I would like to...

I would like to ask say for example person A is receiving widow pension but did not declare that she is in a de facto relationship with person B. and then person B dies and by person's B will only stated immediate child would recieve 100% of superannuation of person B. now person A is contesting and wanting to claim 50% of the said super. what grounds can the child of person B can contest. does the child have a strong case to pursue it to higher court?

Lawyer's Assistant: Since estate law varies from place to place, can you tell me what state this is in?

Nsw

Lawyer's Assistant: Has anything been filed or reported?

That person a and person b that they are in de facto? none. person a only declared that she is in a de facto when person B has already passed away.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Can the child of person b file a contest against person a not only that person a did not file de facto while receiving widow pension but also person a has "bad character" ie gambling, fraud, did not help while person b was terminally ill etc

Submitted: 4 months ago.Category: Australia Law
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11/29/2017
Solicitor: John Melis, Lawyer replied 4 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 2,432
Experience: Principal Lawyer at Legal AU Pty Ltd
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Dear customer, my name is***** solicitor in Melbourne, thank you for using Just Answer, I will assist with your question today.

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Customer reply replied 4 months ago
does the child have a strong case against person a
Solicitor: John Melis, Lawyer replied 4 months ago

on your question, that matter would not need to proceed to the high court, as the point would be to mediate a solution on the matter.

have you considered this point ?

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Customer reply replied 4 months ago
the child refuses to have it 50/50. clearly person a just wants money and nothing else
Solicitor: John Melis, Lawyer replied 4 months ago

who is the executor of the Will if there is one for B

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Customer reply replied 4 months ago
the immediate adult-only child next of kin of the person b
Solicitor: John Melis, Lawyer replied 4 months ago

Would you like to discuss this matter on the telephone ? I have extended a special offer to you if you prefer.

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Customer reply replied 4 months ago
no
Solicitor: John Melis, Lawyer replied 4 months ago

ok we can keep chatting in this forum

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Customer reply replied 4 months ago
what must the adult-child/executor do or what other grounds to complain as not in favour of the 50/50.
Solicitor: John Melis, Lawyer replied 4 months ago
If there is no will the estate is distributed under the intestacy laws of the state.
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Customer reply replied 4 months ago
there is a will. and the only estate that person b has was his superannuation. person a by the way owns a estimated 3million house + lot. person a and person b was in a relationship since early 1990s whilst persons a husband then was alive. previous husband passed away approx 7yrs ago and started claiming war widow pension but did not declare de facto with person b. person a only told the trustee of the superannuation that they were in a de facto for 7 yrs. person a did not declare to centrelink nor to dva pension that she was in a de facto relationship at any point of time. person a is only declairing now to superannuation so that she could get 50/50. person a has a gambling problem, used person b to her full benefit to pay for everything as person a does not work. person a did nothing nor involve in person b's care when person b was terminally ill. was not by the deathbed when person b died. only came when person b died to receive sympathy. does the adult/child executor have a leg to stand on to contest the 50/50 tentative decision by the trustee of superannuation?
Customer reply replied 4 months ago
in the will it clearly state that 100% goes to the adult child of person b. there is no property owned by person b, only his superannuation
Solicitor: John Melis, Lawyer replied 4 months ago
The super needs to be distributed as per the super fund and the beneficiary named on the policy. If no one is named, the the fund is distributed per the intestacy laws
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Customer reply replied 4 months ago
under super fund the beneficiary was only the adult child of person b
Solicitor: John Melis, Lawyer replied 4 months ago
If there is a will it is distributed as per the will
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Solicitor: John Melis, Lawyer replied 4 months ago
As the adult child is name on th policy of the super, that child gets the benefit
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Customer reply replied 4 months ago
the person a tried to contest + put a statutory declaration that she is in a de facto relationship approx 7 yrs and that the trustee's tentative decision was to 50/50 which is clearly unfair and not right. what can the adult/child do or how will she move forward with this.
Solicitor: John Melis, Lawyer replied 4 months ago
The super fund is clear, there is a named beneficiary and the money goes to that person as per the fund policy
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Customer reply replied 4 months ago
it does not make any sense as to why person a was even considered by the trustee to get a huge 50/50
Solicitor: John Melis, Lawyer replied 4 months ago
From what said the only estate of B was the super fund. There are no other assets. The super fund has a beneficiary. So the super fund money is gone. There are no other assets, so nothing to distribute.
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Customer reply replied 4 months ago
what do u mean by super fund money is gone and nothing to distribute. the beneficiary has not receive any monies from the super fund due to person a contesting against the decision of the trustee.
Solicitor: John Melis, Lawyer replied 4 months ago

Would you like to discuss this matter on the telephone ? I have extended a special offer to you if you prefer.

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