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WA Separated 20 Years - Entitled to Spouse's Money?

Discussion in 'Wills and Estate Planning Law Forum' started by Mrs ferr, 13 March 2015.

  1. Mrs ferr

    Mrs ferr New Member

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    Hi. I would like to know if my mother is entitled to my father's monies after he passed away? They have had legal separation for around 20 years and split all their then assets?
     
  2. Sophea

    Sophea Well-Known Member

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    Hi Mrs ferr,

    Is your mother named in the will? Your father's estate will be distributed in accordance with his will. If he doesn't have a will it will be distributed under the laws of intestacy.

    Or are you talking about a family provision claim?

    If your parents already divided their property through the Family Court this will usually preclude a former husband or wife from successfully claiming further provision. However, applications can be entertained by the court in rare circumstances if things have changed significantly since the Family Court orders were made.There is no prima facie "entitlement" to family provision though.
     
  3. winston wolf

    winston wolf Well-Known Member

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    You said separated. Are they divorced?
    There is a big difference.
     

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