Legal Question in Wills and Trusts in Australia
will
If a person was married for considerable time and then left the marriage and lived with new partner for ten years, but had made a will in the marriage and had not renewed the will and died and the beneficiary was estranged wife, would the new partner have any legal standing when it came to contesting the will. If so how would you takes steps to recover any monies already dispersed to the estate of the deceased?
1 Answer from Attorneys
Re: will
the de facto would have standing to make a claim.
the de facto would have to show that he/she was a person entitled to support from the estate.
If funds have been disbursed there may be problems in recovering but the problems should not be insurmountable. It may take an application to the court.
You should see a lawyer.
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