VIC Separation and no will.

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A.Jay

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8 May 2018
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My dads father recently passed away. His father and mother had been separated for three years at the time of his death. As he had no assets besides his car, he never made a will. Before he passed away however, he was given a generous sum from a friend who left it as a Thankyou for all the help he had given him throughout the years. He spent half of it before his death. My fathers mother has decided (after originally saying she wanted none of the money) that she wants all of it. Does she have this claim? Or does it fall to the children? And does my father have some claim of control and distribution of what little his father had, seeing as he is the oldest child?
 

Rod

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27 May 2014
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Did your grandfather divorce your grandmother?
 

A.Jay

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8 May 2018
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Did your grandfather divorce your grandmother?
No they did not. She left him. But given their ages never sort to officially end their marriage. Both lived seperate lives for the past three years. From the day she left, we are to believe that no communication had been made between them.
 

Rod

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Not being divorced and dying with no will complicates things.

The law in Vic changed last year, and your grandmother may now be entitled to the lot.

Run your situation past a lawyer to be sure of your position. I'm unclear if the gift can be treated separately to the rest of the estate. I suspect not but I'm not confident.
 

A.Jay

Member
8 May 2018
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Not being divorced and dying with no will complicates things.

The law in Vic changed last year, and your grandmother may now be entitled to the lot.

Run your situation past a lawyer to be sure of your position. I'm unclear if the gift can be treated separately to the rest of the estate. I suspect not but I'm not confident.

Sorry to hassle you, but would you happen to know what kind of lawyer my dad would be seeking to discuss with this situation?
 

Rod

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Any who deal with Wills.