NSW estranged fathers will

[jesper251]

HI there

I just wanted to ask a quick question not sure if its a simple answer.

My father hasn't been present in my life at all and provided no financial aid to my mum to assist in my upbringing etc. I have been told that its too late now (I am 37) to try and get money for my mum from him. I was just pondering however that in the event of his passing would I have legal claim to request a portion of his will even though I would not be on the will. I am his only child and he is currently in a de facto relationship but no other children.

Would I have any grounds or would all property go to his partner in the event of his passing?

Thanks for your valuable time
Cheers

 

[winston wolf]

The short answer is yes(and potentially your mother) you will most likely be a valid claimant against his estate.
Having said that I recommend forgetting about it until he dies. Nothing to do until then.

 

[larrylarry]

In the event that he passes away, you may have grounds for family provision claim - see SUCCESSION ACT 2006 - SECT 59 When family provision order may be made
You are eligible under s57. Court will have to consider s60. You will need to provide a detailed affidavit.