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NSW Father Died Without Will - Children's Claim on Deceased Estate?

Discussion in 'Wills and Estate Planning Law Forum' started by Kathryn Griffiths, 28 December 2015.

  1. Kathryn Griffiths

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    My father died without a will over a decade ago. He had remarried, and had no children with his second wife, so all property went to her. When she dies, do his children have any claim on the deceased estate?
     
  2. Sophea

    Sophea Well-Known Member

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    Hi Kathryn,

    In circumstances where a person has children from a different relationship and they die leaving a spouse, the spouse receives a legacy of $350,000 as well as the deceased's personal effects and one-half of the remainder of the deceased's Estate. The deceased's children from former relationship, then share equally in the remaining part of the Estate.

    Therefore if the estate was worth more than $350,000 the children should have received their inheritance when he died. If the estate was < $350,000 they do not receive anything. This is why wills are a good idea.

    The children are not entitled to receive anything from the spouse's estate.
     
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  3. winston wolf

    winston wolf Well-Known Member

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    Did his children ever live in the same home as the step mother? Or were they ever dependant on her? What is the expected size of her estate?
     
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