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Uncle Passed Away Leaving No Will and No Beneficiaries Written Down

Discussion in 'Wills and Estate Planning Law Forum' started by Jake, 22 June 2014.

  1. Jake

    Jake Member

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    My uncle recently passed away with no will. His never had a wife/ girlfriend and doesn't have children. I've been told that brothers and sisters are next in line, but apart from 2 of 5 siblings they had nothing to do with my uncle what so ever. Not since the 22+ years I've been alive. Me my brother and my mum lived with my uncle for most of my life 17 years roughly, he and my mum had a falling out about 3 years ago and since then my Aunty has passed away leaving 4 siblings he wanted nothing to do with and nor did they want something to do with him. And 1 deseased. Me and my brother where the only family that wanted anything to do with him, and we were the only family he spoke to. When my uncle was in hospital me and my brother notified the rest of the family and not one family member showed we were the only ones that visited and we were there almost everyday.

    Ive since spoke to my uncles best friend since the passing of my late uncle, and he asked about a will and whatnot I explained the situation to him and he said I can't understand why he wasn't smart enough to write a will but he said they've had conversations before about death and whatnot and my uncle told him he would roll over in his grave if anyone of his brothers or sisters got there hands on his money and that he wanted my and my brother to get his assets personally I don't want the money but I couldn't let them get it not a hope in hell but my question is do we have a legal right 2 claim can we win?
     
  2. winston wolf

    winston wolf Well-Known Member

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    You may have a claim before I dig too deep what do you think his estate would be worth roughly and what state did he live?
     
  3. Jake

    Jake Member

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    Thanks for helping

    He lived in Victoria
    And as far as assists there wasn't any. But he obviously has super and he had life insurence aswell and as far as I'm aware it's around $380,000 combined.
     
  4. Owens Lawyers

    Owens Lawyers Well-Known Member

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    Jake you may need to check with the Superannuation Fund and holder of the life insurance policy, because either of these could have named beneficiaries. If this is the case they may be excluded from the will. So if there are no other assets then there would be nothing in the estate to make a claim on.m
     
  5. Jake

    Jake Member

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    I've looked into it and there was no beneficiaries put down, he wasn't old he was 56 he planned on retiring in a couple of years and moving to Thailand so I guess he thought there was no need for a will or beneficiaries I no that's not smart but that's how he left it, will having my uncles best mate stand up in court and say that my uncle told him that he wanted me and my brother to have it mean anything? Even my mum (uncles sister) said she would just worried about the other brothers and sisters thanks
     
  6. Owens Lawyers

    Owens Lawyers Well-Known Member

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    In Victoria brothers and sisters of the deceased seem to be next in line where there is no spouse, children or parents: http://www.lawhandbook.org.au/handbook/ch20s02s02.php

    Most states have laws relating to family provision or maintenance where someone would have an expectation of continued maintenance (ie you took care of my in life so you should take care if me in death). There are usually short time limits so if you think you would qualify get legal advice ASAP.

    Unfortunately the best way of stopping them getting anything would have been to put it in a will.
     
  7. Jake

    Jake Member

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    Yes I understand the whole brother sister thing but the way I see it is who the F### are they so have a right to his money I don't believe We do because we did what we did for him because we loved him we didn't want his money but I know he would roll over in his grave if they were to get it.

    Seriously I know it's law but in this situation how could the brothers and sisters get it, it's just wrong. Don't mean to sound angry towards anyone this is just upsetting me thanks for your help but
     
  8. winston wolf

    winston wolf Well-Known Member

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    As
    • a dependent or person who had a close personal relationship with the Will Maker at the time of his or her death.
    You probably qualify as a valid claimant. There doesn't need to be a will for you to claim for better provision.
    Ultimately it will come down to need, and not what you uncle may or may not have wanted.
    If you have need "no well off" have an illness etc you have a good chance.
    An application must be received by the Court within 6 months of the date granting of Probate of the Will or Letters of Administration. Although you can get ans extension if you have good reason.
    So get a move on and check out some lawyers.

    BTW this is a long process and will consume $50 to $100K of the estate.
     

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