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VIC Deceased Estate - Father's Will Still Valid?

Discussion in 'Wills and Estate Planning Law Forum' started by Lovely linnums, 31 May 2015.

  1. Lovely linnums

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    Hi, deceased estate - my father has just recently become deceased. He had a will of which my brother is the executor of will.

    My father remarried eight years ago and did not have a will with my stepmother, so is my father's will still valid?

    Thank you
     
  2. Sophea

    Sophea Well-Known Member

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    Hi Lovely linnums,

    The general rule is that marriage revokes any former wills. Therefore if your father drafted his will prior to marrying your stepmother it will likely be invalid. However, the exceptions are as follows:
    • If he drafted the will in contemplation of his marriage to your stepmother - then it will not be rendered invalid;
    • If he made any gifts of property to your step mother, those gifts will not be revoked.
    Check out "Changing a will" on this site for more info: Wills

    If your father doesn't have a valid will, then his assets will likely be distributed in accordance with the laws of intestacy. If the deceased is married, general rule is assets go to the partner and if there is enough left over a share goes to the children.

    I believe the Administration and Probate Act states that a spouse's entitlement to the deceased's assets are as follows:
    • If the estate is < $100,000 the whole of the estate,
    • if estate is > $100,000 she is entitled to $100,000 and one third of the balance of the estate.
    • Children are entitled to equal shares of what is left over if anything.
     
  3. Lovely linnums

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    Thank you,
     
  4. Lovely linnums

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    Hi,I have another question. The marital home were my Dad lived is owned by my stepmother and it is in her name. Is this home a part of my Dad's assets?

    Thank you.

    lovelylinnums
     

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