My partner of 12 years died suddenly two and half years ago. The day after his death his brother and sister convinced police and the undertaker that he was single. I was in shock and was unaware of the implications at the time. His marital status is single on his death certificate and his sister is nominated as next of kin on police records. I found myself with no spousal rights.
I was locked out of our home and have had to fight to get access to my important personal paper, belongings and shared things. My partner left me a monetary legacy in his will. Supreme Court proceedings were settled on 2nd March this year before the case was heard. It cost me $100,000. The Terms of Settlement were in my favour - the legacy was confirmed, I received 100% of the partner's Superannuation, access to some personal and shared items, and an order that the estate proactively market the property and pay interest at Supreme Court rate (8%) if I am not paid the legacy either immediately after the property is sold or after a year from the settlement date (02/03/16). By this time it will be three years since my partner's death.
I have two questions.
No. 1 - With regard to the following from Information about Law in NSW, State Library:
If a gift of money (a legacy) is not paid within 12 months, the person to receive the money (the legatee) is entitled to interest on the money, unless the will provides otherwise. The current rate can be found in section 84A of the Probate & Administration Act 1898).
Has my entitlement to this interest been overwritten or by the Supreme Court interest deal in the Terms of Settlement?
If I am still entitled, how do I apply?
No. 2 - I am applying to Birth, Deaths and Marriages to change my partner's marital status from single to de facto.
If I am successful, what spousal rights do I have?
Can I enter the property without the consent of the executor?
Regards.
I was locked out of our home and have had to fight to get access to my important personal paper, belongings and shared things. My partner left me a monetary legacy in his will. Supreme Court proceedings were settled on 2nd March this year before the case was heard. It cost me $100,000. The Terms of Settlement were in my favour - the legacy was confirmed, I received 100% of the partner's Superannuation, access to some personal and shared items, and an order that the estate proactively market the property and pay interest at Supreme Court rate (8%) if I am not paid the legacy either immediately after the property is sold or after a year from the settlement date (02/03/16). By this time it will be three years since my partner's death.
I have two questions.
No. 1 - With regard to the following from Information about Law in NSW, State Library:
If a gift of money (a legacy) is not paid within 12 months, the person to receive the money (the legatee) is entitled to interest on the money, unless the will provides otherwise. The current rate can be found in section 84A of the Probate & Administration Act 1898).
Has my entitlement to this interest been overwritten or by the Supreme Court interest deal in the Terms of Settlement?
If I am still entitled, how do I apply?
No. 2 - I am applying to Birth, Deaths and Marriages to change my partner's marital status from single to de facto.
If I am successful, what spousal rights do I have?
Can I enter the property without the consent of the executor?
Regards.