VIC Separation and no will.

Discussion in 'Wills and Estate Planning Law Forum' started by A.Jay, 8 May 2018.

  1. A.Jay

    A.Jay Member

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    My dads father recently passed away. His father and mother had been separated for three years at the time of his death. As he had no assets besides his car, he never made a will. Before he passed away however, he was given a generous sum from a friend who left it as a Thankyou for all the help he had given him throughout the years. He spent half of it before his death. My fathers mother has decided (after originally saying she wanted none of the money) that she wants all of it. Does she have this claim? Or does it fall to the children? And does my father have some claim of control and distribution of what little his father had, seeing as he is the oldest child?
     
  2. Rod

    Rod Well-Known Member
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    Did your grandfather divorce your grandmother?
     
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  3. A.Jay

    A.Jay Member

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    No they did not. She left him. But given their ages never sort to officially end their marriage. Both lived seperate lives for the past three years. From the day she left, we are to believe that no communication had been made between them.
     
  4. Rod

    Rod Well-Known Member
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    Not being divorced and dying with no will complicates things.

    The law in Vic changed last year, and your grandmother may now be entitled to the lot.

    Run your situation past a lawyer to be sure of your position. I'm unclear if the gift can be treated separately to the rest of the estate. I suspect not but I'm not confident.
     
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  5. A.Jay

    A.Jay Member

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    Thankyou for your advice Rod. It’s been very much appreciated!
     
  6. A.Jay

    A.Jay Member

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    Sorry to hassle you, but would you happen to know what kind of lawyer my dad would be seeking to discuss with this situation?
     
  7. Rod

    Rod Well-Known Member
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    Any who deal with Wills.
     
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