NSW Can Son's Ex Claim Any of His Inheritance?

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Jayess51

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14 October 2017
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I live in the UK. My son is in Australia. He is divorced with 3 children whom he supports. His wife doesn’t let him see the children despite the family court granting him access. Although he has attended court a few times, he can no longer afford to as he has a new family to support.

My question is, if we, his parents, die and he inherits from us, can his ex-wife claim any of it?

Kind regards to all
 

AllForHer

Well-Known Member
23 July 2014
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If they've been divorced for over a year, then nope.
 
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Jayess51

Member
14 October 2017
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Thank you. They have been divorced for over a year. That’s a weight of my mind. She has taken out false AVOs against him that have been thrown out of court so doesn’t deserve any of it.
 

AllForHer

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23 July 2014
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Tell him to make a will for himself, though. Your deceased estate will be fine, but his (of which yours will obviously will become a part) could be tricky business in regard to the ex if he doesn't have a will.
 

Tim W

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28 April 2014
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As with any cross-jurisdictional will,
it would be prudent to seek advice in both countries.
For example, with careful drafting, it is possible to make arrangements
to benefit your grandchildren, while leaving her right out of it.
 

Jayess51

Member
14 October 2017
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Thanks Tim W, this was also what I was thinking about. I already have a will but it suddenly dawned on me that she may benefit if I’m not careful. It sounds mean but she doesn’t like us and has made our sons life miserable. I cannot see the grandchildren anymore or even send them a birthday card as we don’t know where she has taken them. Very sad.
 

Clancy

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6 April 2016
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Also not having any money is no excuse to give up on fighting for seeing your children - in Australia you are allowed to 'self represent' and the proportion of 'self represented' cases is increasing dramatically in recent years since the government increasingly backs away from providing legal aid.

The courts are not really designed for SLR's (self represented litigants) but have to learn how to adapt to it because it is increasingly the way of the future now in Australia.

I am self representing my own custody case (your not allowed to use the word 'custody' stupidly) - I am just keeping it simple, I am not trying to claim the world, just every second weekend plus some holiday time.
 

Rod

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27 May 2014
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your not allowed to use the word 'custody' stupidly

This is an important change because of the connotation that custody = ownership or parental rights. Too many parents thought custody gave them rights they didn't really have.
 

Tim W

Lawyer
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28 April 2014
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Sydney
Also not having any money is no excuse to give up on fighting for seeing your children - in Australia you are allowed to 'self represent' and the proportion of 'self represented' cases is increasing dramatically in recent years since the government increasingly backs away from providing legal aid.

The courts are not really designed for SLR's (self represented litigants) but have to learn how to adapt to it because it is increasingly the way of the future now in Australia.

I am self representing my own custody case (your not allowed to use the word 'custody' stupidly) - I am just keeping it simple, i am not trying to claim the world, just every second weekend plus some holiday time.
Not everybody who posts in here is a lawyer.
That's why people sometimes forget that Wills and Succession disputes are matters of state law,
and that their operation is not in itself impinged upon by (what Australia calls) Family Law,
The latter is a different field, which operates at the Commonwealth level..

While usually well meant, some of the laypeoples' content in here
is rational and valuable, and some is not.
As you read the various posts here, it will become apparent to you
who among the users is a lawyer, and who is not.
You may care to take notice of some posts, and not of others, accordingly.
 

Clancy

Well-Known Member
6 April 2016
973
69
2,289
Not everybody who posts in here is a lawyer.
That's why people sometimes forget that Wills and Succession disputes are matters of state law,
and that their operation is not in itself impinged upon by (what Australia calls) Family Law,
The latter is a different field, which operates at the Commonwealth level..

While usually well meant, some of the laypeoples' content in here
is rational and valuable, and some is not.
As you read the various posts here, it will become apparent to you
who among the users is a lawyer, and who is not.
You may care to take notice of some posts, and not of others, accordingly.


And even lawyers get it wrong sometimes, and with certain posters here i often wonder if they even bothered to read the whole post. As you read the various posts here, it will become apparent to you who among the users is bothering to read the whole post and who is not.

As it happens, I am referring to her remarks on custody, not wills.