VIC Ex de facto deceased and had me named beneficiary

[Careena]

Hello, my ex de facto of 10 years has passed and still had me down as beneficiary for his super. His family contacted and asked me to sign a stat dec saying we were no longer together and that I am not entitle to any of the money. There are no children between us and we never had any property settlement as we only rented. We lived together for 10 years in our 20s. Should I seek legal advice or not worth pursuing?
Thanks for any advice.

 

[Smiley]

Hi,

Simple answer. No.

Whilst you were in the defacto relationship of 10 years then yes. However, as noted by you, that relationship ceased and it would appear that your former de-facto did not re update his beneficiary nomination.

I note your comment that you had no children together nor any property so unless you have any other reason for stating why you should receive the funds, it would not appear fair to step in now and seek a portion. To do so now will slow down the death claim process and cause more pain and unnecessary stress and costs to your former defacto's family. EG How would your family feel if it was the reverse?

Best of luck.

 

[Rod]

Should I seek legal advice or not worth pursuing?

I see it is a personal decision to make. You are entitled to all the money.

Possibly the contributions made while living together would be reasonable if he was in some way dependent on you for 10 years.

Really comes down to what you want to happen. There's the legal position, then there's what is fair and reasonable in the circumstances.