VIC Children estranged from father & fathers family

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dnat1965

Member
14 March 2020
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My 2 sons (23 yo and 20 yo) are estranged from their father and his family. I was wondering that in the case of their father passing away, and the boys not being mentioned in his will, is there any obligation by lawyers (or ?) to let the boys know? I am concerned that should something happen to their father, they wouldn't know
 

sammy01

Well-Known Member
27 September 2015
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It is really up to the dad. If he had something in his will stating this or that. Maybe he doesn't want them to be informed. Ultimately it would be the choice of his next of kin if there was nothing stipulated in the will or if he didn't have one...
 

Rod

Lawyer
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27 May 2014
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Tim W

Lawyer
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28 April 2014
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Sydney
Agreed, in the sense of that there is no particular duty
for the lawyer(s) to notify relatives of the bare fact of death.
That is typically a job for the family.*

However, if it turns out that his will is (wholly or partially) invalid,**
and therefore must be dealt with as an intestacy, or,
if they are entitled to bring a Family Provision claim,***
then it can be different.


-------------------------------------
* That being said, the testator (in their will or in other ante mortem instructions),
or the family, or the executor, might ask a lawyer to do it (as lawyers "pursuant to instructions").
This could happen as matter of convenience, or if family members themselves are prevented from doing so
perhaps by reason of health, distance, estrangement, or by legal disability (say, imprisoned), or
otherwise prevented operation of law - such as an AVO not permitting contact.

** Such as, but not only, if he did his will on a DIY form from a newsagent, and in some way, got it wrong,
or, if there are questions about his capacity ifhe made a new will late in life.

*** The prospects of success of any such claim being a separate question
 
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