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WA Husband Left Everything to Children - What am I Entitled to?

Discussion in 'Wills and Estate Planning Law Forum' started by Renee22, 4 March 2015.

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  1. Renee22

    Renee22 Member

    4 March 2015
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    Hi, my husband has redone his will and left 100% to his daughter from a previous relationship and to our own daughter together. They are at this time only small children. I am just wanting to know what that will mean to me when the time comes in terms of our home that is a joint mortgage.

    Will I have to sell my home to divide his share? What about his superannuation? Does this mean I am no longer entitled to any of it? He has made me executor of his will but not a beneficiary and I am concerned I will be left with nothing. We have been together for 4 years now and only married 5 months and even though I know this could be something we may not have to worry about for many years, and I am obviously glad that he is leaving his children with something that will help set their futures up, I worry that he is in effect making more issues for me as his wife if he ever was to pass away.

    His estranged family has had many will disputes leaving him with no inheritances himself over others so I understand his concern regarding making sure that his children will be fine, but what about me?
  2. winston wolf

    winston wolf Well-Known Member

    21 April 2014
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    If the house is owned as joint tenants (NOT tenants in common) you get his share when he dies and it does not form part of his estate.

    Superannuation is not normally part of an estate as it is held in trust. He can make a binding nomination with the super fund, if they offer this. A binding nomination tells the fund who to give the money to. If he doesn’t make a binding nomination the fund chooses how to distribute.

    have a look at Super nominations

    So his will will only effect anything else.

    Hope that clarifies.

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