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NSW Wife Contesting a Will - Father's Deceased Estate and Superannuation

Discussion in 'Wills and Estate Planning Law Forum' started by JackBaron, 26 April 2016.

  1. JackBaron

    JackBaron Member

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    Hi,

    My wife is wanting to contest her late father's will. Our initial advice from another lawyer indicated there was no deceased estate as such, as his 2 primary assets were the house which was transferred within the last 3 years into joint tenants with her stepmother and his investment of superannuation which has a binding nomination to her stepmother.

    It is clear to me that the house at least would form part of the notional estate, however, the solicitor I think just put it in the too hard basket as this area was not his specialty.

    So wanting a recommendation for an experienced lawyer in this area willing to give a free case assessment. I have documents to be looked over to assess this case.

    Thanks
     
  2. Tim W

    Tim W Lawyer

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    Your decision to engage a solicitor in this matter is prudent.

    1. The Law Society of NSW has a "Find A Solicitor" page.
      Most general practice solicitors will be able to assist you. You can shop around.

      There are also a number of "accredited specialists" in Wills and Succession
      who will be able to give you highly expert, highly specialised advice.

      The modern-day lawyer lingo for what you are doing is "making a family provision claim"
      and "applying for a Notional Estate Order".

    2. In a joint tenancy, as a general thing, the other tenant(s) automatically inherit the deceased's share.
      There are ifs, but, maybes, and exceptions, but that's the general rule.

    3. Whether or not the house would be part of the notional estate is a matter for advice from your solicitor,
      to whom you will disclose all the facts and circumstances.

    4. The super is not part of the estate. Super is held by a trustee - the fund manager, and is not willable as such.
      That's why there's a nominee. It's a different mechanism to a will, even if the recipient is the same.
     

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