VIC No Will - Who Inherits the House?

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jjjohn

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13 March 2019
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If a woman dies without a will in Victoria, her only valuable asset is her house, she has no living parents, no partner or husband or children, her living relatives are a brother who lives in her house with her, a half-brother, uncles and aunties and nieces and nephews, would her brother inherit her house and none of the other relatives, such as the half-brother? Should he have any claim?

Would it be a difficult, long or expensive process for the bother to go through to inherit the house as there's no will, or would it be fairly straight forward Would he be able to continue living in the house?
 

Alert

Well-Known Member
7 June 2019
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If a woman dies without a will in Victoria, her only valuable asset is her house, she has no living parents, no partner or husband or children, her living relatives are a brother who lives in her house with her, a half-brother, uncles and aunties and nieces and nephews, would her brother inherit her house and none of the other relatives, such as the half-brother? Should he have any claim?

Would it be a difficult, long or expensive process for the bother to go through to inherit the house as there's no will, or would it be fairly straight forward Would he be able to continue living in the house?
I believe her half brother is entitled. Has anyone filed for Probate?
 
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jjjohn

Active Member
13 March 2019
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I believe her half brother is entitled. Has anyone filed for Probate?
thanks , its not an actual case just hypotheticaly what would happen if that situation happened , so would the brother and half brother get an equal share of the house, what if the brother lived with the sister in the house for 20 years and helped her and helped maintain the house with his own money and labour but the half brother lived overseas and hardly ever saw the sister, maybe once or twice over 30 years ,could the brother then apply to get the entire house, would the brother have a strong case to get the entire house or would the half brother still be entitled to half
 
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Alert

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7 June 2019
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I don’t know exactly, it could end up in court if the half-brother wants to be part of it.
The easiest thing is to have a Will.
The closest relative would gain more from the situation, but because there is another relative he could take you to court.
 
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Alert

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7 June 2019
243
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654
thanks , its not an actual case just what would happen if that situation happened , so would the brother and half brother get an equal share of the house, what if the brother lived with the sister in the house for 20 years and helped her and helped maintain the house but the half brother lived overseas and hardly ever saw the sister, maybe once or twice over 30 years ,could the brother then apply to get the entire house and the half brother get nothing
It all depends on what the judge says if it did go to court. If the half brother was to seek advice I would imagine the solicitor would suggest court, he may want an heirloom to keep, this could be anything
 

winston wolf

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21 April 2014
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Adelaide
changefpa.com.au
If they die intestate.
See
PART IA--INTESTACY
ADMINISTRATION AND PROBATE ACT 1958

"no partners, nor children, then the estate is divided equally between parents of the deceased and if no parents then equally between siblings and if none there is a pattern of distribution thereafter “down the line”."

I cant see any reference to part siblings so I guess there is no distinction. This makes it tricky and unless an agreement was made a family provision claim would almost certainly be made.