VIC Father Died but No Will - Entitled to Money Left?

[robert rodwell]

I have a friend called B who turns 18 in October. His father died last year suddenly. He wasn't in a relationship and had not been in one for the past 6 years or so, and did not have a will. His son B on was his only issue. His grandmother, uncles and aunts sold his dad's assets (car, tools of trade, etc.) to pay for the funeral and some outstanding bills. There is money left over and it is being held by his grandmother. She says it's not a lot of money and she will give it to the son when he turns 25. My question is does he have a right to it whenever he wants? Is he entitled to know exactly how much is being held? He would like to have use of the money to pay for driving lessons and pay for a drivers licence, but the grandmother is refusing to release the money. Thank you for any advice.

 

[Sophea]

Hi Robert,

since your friend's father died without a will, his estate would have been distributed in accordance with the laws of intestacy. Someone should have applied to the court to obtain "letters of administration" whoever obtains the letters of administration has the right to distribute the estate. This person has an obligation to ensure the estate is distributed correctly.

Since your friend is not a minor there is nothing preventing him from being paid his inheritance now. I suspect the grandmother is simply afraid that he will squander it because he is young, but ultimately that's not her decision to make. He has a legal right to his inheritance. He can probably apply to the court to force her to pay it to him, however the cost of making such an application may not be worth the money he is chasing. He has to either deal it, negotiate with his grandmother on an earlier pay out or threaten to bring an application to the court - that might make her pay up. In any event, he should ensure that he is getting the benefit of any interest that is being paid on the money.

 

[robert rodwell]

Hi Robert,

since your friend's father died without a will, his estate would have been distributed in accordance with the laws of intestacy. Someone should have applied to the court to obtain "letters of administration" whoever obtains the letters of administration has the right to distribute the estate. This person has an obligation to ensure the estate is distributed correctly.

Since your friend is not a minor there is nothing preventing him from being paid his inheritance now. I suspect the grandmother is simply afraid that he will squander it because he is young, but ultimately that's not her decision to make. He has a legal right to his inheritance. He can probably apply to the court to force her to pay it to him, however the cost of making such an application may not be worth the money he is chasing. He has to either deal it, negotiate with his grandmother on an earlier pay out or threaten to bring an application to the court - that might make her pay up. In any event, he should ensure that he is getting the benefit of any interest that is being paid on the money.

Thank you so Much Sophea, I shall pass this information to him... kind regars, Robert