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WA Clarification of the Distribution of Estate?

Discussion in 'Wills and Estate Planning Law Forum' started by west, 19 November 2015.

  1. west

    west Member

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    Hi. Could you help me clarify?

    Intestate in WA, both parents are alive (over 70 years old and divorced. The father lived with his late daughter for many years), one sister (married).

    1. Distribution of estate with both parents plus one sister.

    The administrator sent the other two (the parents ) an email from the lawyer to tell them the estate should be distributed like this according to the Administration Art 1903 ( if they have 600.000.00 )
    [1]. The parents share the first 6000 from the estate.
    [2].The parents share the half from the remainder.
    [3]. The sister inherits the other half.

    So the parents each can have 151500, the sister can have 297000. It sounds strange. Will this be the true solution for this distribution for this case? Is there any exception about this case because the deceased's parents are alive and she only has one sister.

    2. If the superannuation nominated beneficiaries, is it possible to be included in the estate?

    I appreciate your help very much. Looking forward to your reply.
     
  2. Julia S

    Julia S Active Member

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    According to the intestate laws in WA under the Administration Act the lawyer is right. There are certain rules depending who survives the deceased person. In this case as the Estate is worth over $6000 the parents share the first 6000 and then half of the remainder and the other half for the living siblings.

    I am pretty sure if you are a superannuation beneficiary you would be entitled to some superannuation.

    Also remember you can also contest a will if you think you are entitled.

    See a local wills and probate lawyer if you need further information on how to contest the will or see if you would be entitled to any of the will
     
  3. west

    west Member

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    Thank you so much Julia for your reply.
    Your reply is very helpful. It is really complicated and stressful.
     
  4. west

    west Member

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    Hi everyone,

    Still the same estate. Nearly two years have passed but it's still in the process. We have had two lawyers already.

    The first lawyer did a Deed Family Agreement to divide all the estate into three - for the father, the mother and the daughter of the deceased. Now the second lawyer told the father of the deceased that if he did the distribution. The father of the deceased would have the house because the father has an interdependent relationship with his late daughter. But the lawyer did not say if the Deed of Family Agreement can be cancelled or not.

    The truth is the father had been living with his late daughter for over 5 years. They supported each other. The father paid rent to her daughter, all the bills of the house and deposited money for her to get mortgage when his late daughter bought this house.

    So the second lawyer that they had, have this interdependent relationship and want to get the father's tax back from the Super funds, but the first lawyer did not mention the relationship between the father and his late daughter, so they had the Agreement.

    Can you tell me about this case? Is it possible for the lawyer to amend the orders or something on the distribution and cancel the agreement and let the father keep the house to live on? Any section in any Act that mentions this? What and how can the father do this?

    Now the father has to get mortgage to keep this house and the mortgage is a lot and takes many years and he needs to pay more.

    The father just got the mortgage proposal from the broker. What do you think?

    Any help is appreciated and welcome!
     
  5. west

    west Member

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    Looking forward to hearing from you soon! Thank you very much!
     

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