VIC Property rights - deceased father?

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Marija

Member
8 September 2017
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Hello,

My parents divorced when I was very little, my mom got the custody and she and I stayed stayed in Macedonia. My dad was originally from Macedonia too, but lived in Australia and thus obtained an Australian citizenship. He also made me an Australian citizenship and now I am considered an Australian citizen too.

He had a partner there with whom he has another daughter. He passed away in early 2016. So my question is there a possibility for me to obtain anything from the property he owned there. I do not think he left a will, since he died unexpectedly, but either way I have not been contacted from Australia about anything. Is there a chance that his partner wrote everything on her and her child's name? Can she do that, is that legal?
I just want to know if it's possible to get anything, even though I don't live in Australia.

Thank you in advance.
 

AllForHer

Well-Known Member
23 July 2014
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684
2,894
Probably a question better posted under Wills and Estate Planning, but ordinarily, if there's no will, his estate will pass to his next of kin, that being his current wife.

Being his daughter, you may have a claim to a portion of his estate. It may require proceedings in Court to make such a claim, though, and I can't see any reason why a claim would be restricted by your status as a nom-resident beneficiary.

Post this question under the other forum for a more accurate response.
 

winston wolf

Well-Known Member
21 April 2014
424
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894
Adelaide
changefpa.com.au
You do have rights to inherit or claim under Australian law as you were his son it doesnt matter where you live.
As it is over a year since his death you may have lost the chance to claim.
If it is worth pursuing will mostly depend on the size of the estate. If the administrator/executor of the estate new of your relationship then you should have been informed if possible.