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QLD Father's Will - Are We Entitled to His Half of the House?

Discussion in 'Wills and Estate Planning Law Forum' started by chris johnston, 9 February 2016.

  1. chris johnston

    chris johnston Active Member

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    Hi, my father died 5 weeks ago. He was married to his second wife and they owned a home. Me and my two sisters didn't get on with his other half due to a messy divorce from my mother (irrelevant, I know).

    He gave my mum the house 20 years ago and he kept his superannuation. He used his superannuation to pay or part pay for the house he was living in. The will which we haven't seen as yet because his wife says she hasn't got it yet, which I feel she's holding back for some reason, will have nothing for me and my sisters on it cash-wise. We know this cause he was on a pension after he used his superannuation for the house.

    I feel we are entitled to part of his half of the house. Does that make sense? I feel she should either pay me and my sisters out or sell the house and pay us out, or haven't we got a hope in hell ?

    Regards
     
  2. Sophea

    Sophea Well-Known Member

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    Hi Chris,

    Firstly, if he owns his home as "joint tenants" (as opposed to tenants in common) with his second wife, then the house will automatically pass to her upon his death. It will not even form part of his estate. So your chances of getting it are next to nil. If they own it as tenants in common, then his half of the house can be dealt with as set out in his will.

    However, as his children, you may have grounds to bring a family provision application if you have been inadequately provided for in his will. The prospects of such an application, however, must be weighed against the cost and may not be justified depending on the value of his estate.

    Family Provision Claims - Contesting a Will? (QLD) - Legal Blog - LawAnswers.com.au
     
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  3. chris johnston

    chris johnston Active Member

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    Thanks, Sophea, I know all he left us in the will is books he had in the bookshelf, no value. I don't want to sound like a money hungry child who thinks he deserves something it's just that she damaged the family pretty good 20 years ago, he was the boss of a company she was his secretary. I was also there for 9 years (she was there for around 3 at the time ) she refused to resign I eventually left and she is still there today 20 years on, so I just feel something needs to be done to knock her down a notch.

    Regards
     
  4. chris johnston

    chris johnston Active Member

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    Hi, I would like to know if there is any time limit for my deceased father's second wife to show the will to his children of his first marriage. He died almost 6 weeks ago. She emailed saying she is waiting for it to come back from the solicitors.

    Do I need to be more patient?

    Thank you.
     
  5. Tim W

    Tim W Lawyer

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    Who is the executor?
     
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  6. chris johnston

    chris johnston Active Member

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    Hello Tim , the executor is his wife.
     
  7. chris johnston

    chris johnston Active Member

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    Tim, I've also been told she is the only beneficiary on the will .
     
  8. chris johnston

    chris johnston Active Member

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    Do I have any chance of getting anything financial wise from my father's second wife if we (my 2 sisters and myself ) were left out of the will totally and the house they lived in ( she still lives there) was drawn up as joint tenants?
     
  9. Tim W

    Tim W Lawyer

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    Told by whom?
     
  10. chris johnston

    chris johnston Active Member

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    Hello Tim, my sister obtained the will today via post and said we (his children) have nothing in the will. My father paid for the mortgage a few years ago with all his remaining super, went on the pension, the house is left to his current wife. They were down as joint tenants, not tenants in common.
     

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