NSW Will - Do I Have Any Rights to Ex-wife's Property?

[phonemechanic]

Hi, firstly, sorry for my English if I do spelling mistakes.

I came to Australia in 2008 via marriage. My wife and I stayed married until 2012 and we decide separate. A few months ago, she bought a house and we lived in the same address. Around 5 years after we separated, she passed away this April.

When I checked the property situation with my lawyer, he said this property was debt free and her kids took over (from first husband) and I just find out she had a will but don't know what she wanted.

I am just wondering, do I still have any rights to the house?

Please answer.

 

[Rod]

Did you get divorced and did you have a property settlement?

Who is executor of the will?

 

[phonemechanic]

I haven't divorced. She sent me the papers, filled it up, then we went to the JP but after she passed away, I had a letter from the government saying the divorce had not gone through because of missing paperworks, etc.

The executor of her will is her daughter

 

[Rod]

You should see a lawyer about your entitlements as you were still married and had not completed a property settlement. Best done sooner rather than later before the assets are disposed of by the executor.

 

[phonemechanic]

They already took the house with her brother under their name but the solicitor put a caveat.

 

[Rod]

Your solicitor put on a caveat? If so, good, and keep talking with your solicitor.