QLD Will - Solicitors Won't Give Assets to De Facto?

[Evelyn Melehan]

My brother passed away 10 months ago. He left a will stating that all his assets go to his de facto wife 100%. The problem is that he was still married. He has not had contact with his wife in over 30 years. He has been with his de facto for over 30 years and share an adult son.

Now the solicitors won't pay his de facto as stated in his will until they find his wife. What can be done as she really needs support?

 

[Rod]

The solicitor should be taking reasonable steps to find her. If not found after a reasonable time then the estate should be settled as per the will.

What is a reasonable time depends on the circumstances. I'd expect it to be <12 months from granting of probate, but not confident about this.

Ask the solicitor what steps he is undertaking and when he will release the assets if wife is not found. It can get complicated if the house is in the husband and wife's name.