TAS Can I Claim a Share on Parent's Deceased Estate?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Hannah Green

28 September 2015
My father died in NSW in 1988. He died interstate, leaving a de facto and 1 child, and also 2 grown children (of which I am one) from a previous marriage. The home was never put into his de facto's name as she was aware of her husband's wishes that she reside in the home and on her death it would go to his three children, She also had 5 other adult children who were not related to or raised by her husband.

On De facto's death in 2012 she left the home to one child even though the deceased estate was still in Dad's name. Is this correct, or can I claim a share?


Well-Known Member
11 October 2015
Hi Hannah,

Which child did the de facto leave the house to? Was it one of the three which the Will specified?

My understanding is that if you were one of the three children specified in the Will to receive part of the house then you are entitled to claim your share. As the house was not put into the de facto's name this would further strengthen your case. I am assuming that perhaps she is the executor of the Will as well, is that right?

It would be beneficial to get legal advice from a solicitor who deals with this area of law (Wills and Estates) Get Connected with the Right Lawyer for You to find out how to best pursue a claim.