When a person dies in a second marriage or de facto relationship, their children from an earlier relationship can find themselves shut out twice over. The will may leave everything to the surviving partner and the assets may all pass to the surviving spouse by survivorship. And if that surviving partner is also the executor, the children or stepchildren face a particularly difficult problem: getting the executor to act against their own interests.
Time Limits for making claims against estates are brutal by Alex McDonald | Apr 28, 2024 | Estate Litigation Barrister The Family Protection Act 1955 allows children, including biological and estranged children as well as stepchildren who were living with the deceased...
Dividing Relationship Property after Death by Alex McDonald | Mar 21, 2024 | Estate Litigation Barrister What can I do if my spouse or partner has died leaving a will that leaves me with nothing or doesn’t adequately provide for me? The most important thing to know...
Contrary to what most people believe, if someone dies without a will (known as dying intestate), their estate does not go to the government. Instead, their estate is distributed amongst family members according to the Administration Act 1969. The Administration Act...
Family Protection Act 1955 case note - Here you will find case summaries of how the Court has dealt with actual Family Protection Act 1955 claims. The names of the parties have been anonymised and some of the financial figures have been updated.[1] Jones v Sharma...
