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Probate from MTAA Super?

Discussion in 'Wills and Estate Planning Law Forum' started by Carla Kosky, 21 August 2014.

  1. Carla Kosky

    Carla Kosky Active Member

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    Hello, my problem is my husband passed away April 2014 and i'm currently trying to claim his Death Benefits from MTAA Super. I'm a preferred beneficiary in one of his superannuation accounts, MTAA Super has now contacted my husbands estranged daughter. I spoke to a representative in MTAA'S Claim Department and he didn't want to tell me how it would take for me to get my claim what do I do need to the claim papers so I can claim probate?
     
  2. Sarah J

    Sarah J Well-Known Member

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    Hi Carla,

    A probate is a legal process in which the court validates a will as the final and valid version of the deceased's wishes in relation to his/her estate. A probate gives legal validity to a testator's (deceased) will.

    Did your husband leave a will that covered what to do with his superannuation? In this case, you should be able to go ahead and apply to court for a probate notwithstanding what MTAA is doing.

    MTAA may be contacting your husband's estranged daughter because she is a potential beneficiary to his estate and may be entitled to a share of the super funds. Is this what MTAA is doing?
     
  3. Carla Kosky

    Carla Kosky Active Member

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    Hello, my husband passed away this April 2014
    and i'am currently having my husbands superannuation which i'm the preferred beneficiary to
    being processed, unfortunately my deceased husband didn't know about Binding Nominations
    so because he was previously married and had a daughter from that marriage now his estranged daughter
    according to MTAA Super of which i'am claiming has told me even if the daughter had never had contact with her father she has the right to make claim to some of his Super. I also have yet to claim for Probate because even though me and my husband have been married for the last fifteen years and were married at the time of his passing we never bothered with putting the house under joint names, the property was solely under his name.
    I've spoken to the claims department at MTAA Super about how long my claim will take now that my dead husbands estranged daughter is in the picture and the person over the phone said about another month.
    To apply for probate one of the conditions is if i'm claiming super I need to send in all the papers of the super i'am being paid with the Probate Form . So should I go ahead with claiming probate and send in the form or should I wait another full month or two months , for the claim of super to come through I really don't want to wait to long to have my probate done.

    Regards
     
  4. Carla Kosky

    Carla Kosky Active Member

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  5. Carla Kosky

    Carla Kosky Active Member

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    Yes my husband did leave a will he named me as the executor and the trustee, all money being paid to the state goes to me
    So I will try and do like you said go ahead with probate, what happens though if the courts find out that i've claimed Super
    and haven't supplied the requested information. Yes that's what MTAA Super said that my husbands daughter has the legal right
    to claim a share of his super.
     
  6. Carla Kosky

    Carla Kosky Active Member

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    Yes, my husband did leave a legal will, that states , that i'm the executor and the trustee the state has been solely left to me and that any money owing to the state you be paid to me. I will go ahead than and apply for probate, but what happens if the supreme courts find out that i've claimed for super and has been paid to me and i haven't provided them with the relevant information, Will I be in trouble.
     
  7. Carla Kosky

    Carla Kosky Active Member

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    Yes my husband did make a will and everything in left to me nothing to his daughter.

    I live in Perth , I will do as you suggest and go ahead and apply for probate
    but will I get in trouble by the supreme court, because i've applied for super and
    didn't send the necessary information , with my probate form.
     
  8. winston wolf

    winston wolf Well-Known Member

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    Regardless of what may happen you should apply for probate as it needs to be done.

    The super is not part of the estate. This is why the trustee of the super fund decides who gets the money.
    Your husband making you the preferred beneficiary is just showing his wishes.
    Not all super funds have binding nominations, so this may not have been an option.

    Just pray the estranged daughter doesn't make a claim on the rest of the estate.

    Last couple of notes
    I wouldn't put too much faith in the estimate of a month from MTAA.
    Keep a record of all phone calls emails letters, date time person whats said.
    Finishing up an estate is a surprisingly slow process so be patient and don't let it get to you.
     
  9. Carla Kosky

    Carla Kosky Active Member

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    That's one of the reasons I want to get probate as soon as possible I rang the probate office thursday and they said it takes 8 weeks for the application to go through maybe I should've listened to my mother , stepfather and older brother, and have started all paper work back in May. I know my husbands ex wife mother of my deceased husband's estranged daughter is a nasty peace of work, was going to go the centrelink on Monday so I could talk to a social worker about this since they may know better the laws of western australia, as I live in Perth.
    But instead I think I'll go to the bank get the final peace of paper from my husbands account have the form filled out and post it in or take it in myself. Thanks For The Advice I really should've listened to my instincts two months ago telling me I should send in my probate application.
     

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