VIC Deceased estate concerning trust

Discussion in 'Wills and Estate Planning Law Forum' started by Larry61, 26 August 2018.

  1. Larry61

    Larry61 Member

    26 August 2018
    Likes Received:

    I would like some advice on a concern with my deceased step daughters estate.

    My step daughter (not legal) passed away 5 months ago passed away from breast cancer leaving an unsigned will. Leaving a 15 month old son to partner.
    Although unsigned the will clearly stated as she did to me that the estate was to be equally divided to her partner in helping to raise the child and the other 50% was to be put into a trust account for him later in life aged 25.
    I haven't heard from the partner and asked the question about the trust for her son and was told its none of my business and that he was going to buy property with it all. This is of great concern to me as this was not her wishes and her partner doesn't have the integrity to follow through with what she wanted for her son

    My Questions are
    1. What happens to the estate if the will wasn't there a difference
    2. Can her wishes be enforced either by me or someone else
    3. What happens if he spends the money before any of this is resolved

    Any advice would be greatly appreciated

  2. Tim W

    Tim W Lawyer
    LawTap Verified

    28 April 2014
    Likes Received:
    If the will is unsigned, and there is no other will that might be valid,
    then the legal "starting position" will quite likely be
    that it will be dealt with as an intestacy.

    There is a statutory formula that applies.
    In such cases, the deceased's "wishes" (lawyers say "testamentary intent")
    are all but irrelevant.

    Have a read of a relevant part of that excellent publication,
    "The Law Handbook" - click here
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...

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