NSW How to find eligible inherts of my father?

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Harry Wesley

Member
15 July 2017
4
0
1
Let me explain the situation because it's quite messy

My father has been married to my mother for 22 years. Marriage was done overseas where I used to live with my mother prior to moving to Australia to live with my father. I've recently found out that my father might have/has another children in Australia with some woman before he met my mother and I was born. My father hasn't had any contact with this child since it was born unlike with me when I've always had contact with him and we live together right now. What will be the legal procedure when he dies?

I assume my father won't make a will and wanna prepare for what's going to happen.
1.How does the Court determine who is eligible for inheritance?
2.Can I somehow get to know right now if this child is legally registered as his child or is anyone but me legally registered as the child of my father? Or in other words if I have any legal siblings
 

Lennon

Well-Known Member
11 September 2014
270
36
719
If your father dies without a Will, someone will need to apply for Letters of Administration. When they do so, they will need to state in an affidavit who your father's children are (or as much information as they know about that). So if you were to apply for Letters of Administration, you would need to say how you came to know that your father has another child, and what you know about their identity. The Court may then require you to advertise or something to try to locate the sibling (if there are no known relatives or contact details).

I don't believe you can, for example, search the Birth Deaths & Marriages register for all children registered as your father's child.
 

Harry Wesley

Member
15 July 2017
4
0
1
If your father dies without a Will, someone will need to apply for Letters of Administration. When they do so, they will need to state in an affidavit who your father's children are (or as much information as they know about that). So if you were to apply for Letters of Administration, you would need to say how you came to know that your father has another child, and what you know about their identity. The Court may then require you to advertise or something to try to locate the sibling (if there are no known relatives or contact details).

I don't believe you can, for example, search the Birth Deaths & Marriages register for all children registered as your father's child.



I don't want to find this person and hope he/she isn't registered as I would lose 50% if they were. I just somehow wanted to get to know early if there is anyone but me to inherit from my father.