Good morning, my defacto partner of 9 years, fiance for 7 of those, passed away over 6 months ago. His ex wife and her father have refused to acknowledge our relationship, lied to the funeral director, left me out of funeral arrangements, went against my partner's burial wishes. My relationship can easily be proven. I live in a small rural community where we were known by everyone. They started removing his property we used in the cattle and fencing business from the property where we live two days after he passed away. Then they came to the house while I was away and removed some furniture, personal items, including property that belonged to my son who lives here with us and paperwork. I had already given them items that I considered to be sentimental to his two daughters. That stopped when they realised they couldn't remove anything for at least 30 days. These were all taken to the ex wife's father's rural property. Requests were made through my solicitor to return property that was required for the management of the cattle etc and my son's gear. I have been ignored by them and their solicitor and nothing has ever been returned. Her father is a millionaire and I have no savings so they think they have power over me. The eldest daughter aged 19 yrs has been granted administration on the 6th January, it is the ex wife and her father who are actually organising things.Despite requests from my solicitor for them to acknowledge my relationship and to provide a list of assets removed, I have been completely ignored. I was forced at the 6 mth mark to give notice of an intention to put in a family provision claim otherwise I would get nothing at all.I didn't want to do this as I consider it a waste of estate money. I believe they were hoping it would be too late for me and they could start distributing the estate between the two daughters. It will be 7 mths soon. The two daughter and I are the only beneficiaries. Now they are allowed to administrate, they removed the cattle and sold them and when I am away from home they come and remove anything else they can take that isn't inside our home. They have not itemised the assets or done any tax returns or had the property I still live on valued. I believe their intention is still to ignore me until the 9 mth mark in the hope I don't have the funds to take it to court. What can I do to get them to acknowledge me and avoid wasting my partner's hard earned money? They won't even tell me if they intend to sell the property or how long I will have a home to live in. My son who lived with me has been in a car accident and now has spinal injuries. I need to know what's happening to be able to plan for somewhere for us to live as he is going to need ongoing care for at least the next 6 mths after he is released from hospital. If the other party could just talk to me it would help with my current stress levels. I haven't been able to grieve for my partner properly as I have been under huge pressure from his family. What step can I take that isn't going to cost a lot of money. Any ideas would be greatly appreciated. Thank you.
QLD Administrator not acknowledging me as a beneficiary
- Thread starter H Bones
- Start date
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- Tags
- beneficiary
Dear H Bones,
Unfortunately, the bitter pill is there is no low cost solution. If the ex-wife, ex-father in law, and (read between line) the daughters are all hostile to you, then the only recourse is to have the matter disputed in court. I am not even clear if you are in time - it may be due in 9 months, but in QLD there is a requirement to lodge an intention which is due in 6 months - check with your solicitors if you are out of time.
I am still unclear in your case a. was there a valid will (if so, what are the terms) or b. was your partner intestate (died without a valid will). I also felt like there were other details e.g. why they are able to simply come to “your” property “while you are away” to do all sorts of things with the estate - is there any way to secure and not allow them so much access or even relocate.
It seems you have to work with your solicitors if you wish to pursue this further, and there is urgency.
Good luck!
-Nighthelyn
Unfortunately, the bitter pill is there is no low cost solution. If the ex-wife, ex-father in law, and (read between line) the daughters are all hostile to you, then the only recourse is to have the matter disputed in court. I am not even clear if you are in time - it may be due in 9 months, but in QLD there is a requirement to lodge an intention which is due in 6 months - check with your solicitors if you are out of time.
I am still unclear in your case a. was there a valid will (if so, what are the terms) or b. was your partner intestate (died without a valid will). I also felt like there were other details e.g. why they are able to simply come to “your” property “while you are away” to do all sorts of things with the estate - is there any way to secure and not allow them so much access or even relocate.
It seems you have to work with your solicitors if you wish to pursue this further, and there is urgency.
Good luck!
-Nighthelyn
Thank you Nighthelyn for your answer. Yes I did lodge an intention to claim, however the other party and their solicitor are still ignoring any requests for information from my solicitor. I have a feeling they will wait me out again until the 9 mth period is up in the hope I won't go ahead with the claim. as they know I have no savings or money I can call apon. As millionaires they can afford to wait and what they are doing is from spite not need. As a legitimate partner I know I have right on my side so I intend to push ahead but I am disappointed in the avoidable waste of my partner's estate. I was hoping for mediation but I don't know if that is a step that is taken before or after a claim is officially lodged with the court and can you mediate with someone who won't acknowledge you? My partner died intestate and I assumed the intestacy laws would have been followed but these guys are doing their own thing. They have ignored all formal requests to return property and now they have been granted administration of the estate they have failed to respond to any requests and continue to turn up unannounced and remove things. Is there someone I can lodge a complaint to about the way the state is being administered so that I can sort something out before any more money needs to be spent? Can I ask for mediation or do I just go ahead and let the court sort it out. My solicitor hasn't been real helpful and very slow to act up to this point so I would like some idea of my options before I have arrange another appointment with her as it's 7 mths very soon. Thank you for taking the time to read my questions.
