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NSW Father's Will and Deceased Estate - Children Unable to Claim Inheritance?

Discussion in 'Wills and Estate Planning Law Forum' started by Merad, 5 October 2015.

  1. Merad

    Merad Member

    5 October 2015
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    My farther died ten years ago leaving his comfortable estate to his much younger wife.

    His will states that once his widow re-marries, dies or sells the (large) house, his 5 children are to inherit 1/3 of the proceeds of the house sale divided equally. His widow is the beneficiary of everything else.

    His widow re-partnered within 18month of Dad's death. She has lived in a de facto relationship with this man for the past eight years. Throughout this time they have lived together in the aforementioned house. She will not marry her de facto and when approached about the unfairness of this arrangement, she says she will break up her relationship rather than settle matters with her step-children.

    Is there any point in we five children perusing our claim on Dad's deceased estate and inheritance or is this a hopeless catch 22 where his widow will retain everything regardless? She is not much older than we are.
  2. Terryw

    Terryw Member

    8 October 2015
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    If the will says 'remarry' then it may not include 'defacto' and so won't trigger the passing of the property.
  3. Therese

    Therese Well-Known Member

    11 October 2015
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    Hi Merad,

    It would be interesting to find out if in this situation ' de facto' could be interpreted to be the same as 'remarrying'.

    I assume at the time the Will was written de facto relationships were not so common and your father did not see this to be a loophole to his intentions.

    I would suggest getting in touch with a solicitor to be advised in your situation if challenging his widow would be possible on the grounds of her de facto relationship. See Get Connected with the Right Lawyer for You
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