QLD Estranged wife left me out of will with 4 young kids

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Active Member
12 March 2019
My estranged wife has died while we were still negotiating a financial setllement. We have two properties and mortgages on both. I am now left with 4 young children (5,7,10,13) to raise and have been left out of her will and she switched properties to tenants in common this year. All her life insurance, car, 50% share of each property have been left to a trust for the kids when they reach 25. She managed the mortgages and have now discovered they are $40,000 in arrears. Am I responsible for paying 100% of mortgage payments, do I have a strong case to seek family provision.

Paul Cott

Well-Known Member
LawTap Verified
26 May 2014
Ballarat, Victoria
Hi James,
As to liability for mortgage repayments, the situation is slightly complex But prima facie maybe half liability is a responsibility on you. But yes you May have a family provision claim but out of her estate half would probably have to go on the mortgage. Also how long were you married for? And separated for? You may need to seek some advice, there’s a lot at stake. Hope that helps.