by Daniel-Son  08/09/2005  1228 Page Views
2 Comments  Family & de facto law, financial agreements, consent orders
Here is the situation I need some help with.

My father in law married over 20 years ago. He has not lived with his wife for well over 10 years.

He has had severl girlfriends whom he has lived with over the years, the latest for about 3 to 4 years.

Three weeks ago he passed away with little or no estate. His girlfriendis now attempting (to the best of our knowlegde) to make a claim forhis estate. She rang the funeral directors 4 times in one day pesteringthem to release the death certificate (and we are wary of herpersonality). In the way of estate he has little but 3 months before hedied he engaged solicitors to make a claim against James Hardie and hisprevious employers for he mesothilioma (asbestos poisoning) which iswhat caused his death.

To make matters worse (or more complicated) both had been decievingCentrelink living in a relationship but claiming to live elsewhere andrecieving full benefits from Centrelink.

Their relationship was also spent living together part of the time in Queensland and part of the time in Victoria.

I would like some clarification on the issue of claim and entitlementof the girlfriend over my father in laws estate and possiblecompensation from the legal case he set in motion. As it turns out heis also a signatory on the deed for the land which currently has mymother in laws house which she paid off on.

So my questions are:
(1) Seeing how there was no official divorce and they are stillmarried, does the girlfriend have a claim to any estate or compensation.

(2) Does the girlfriend (assuming she has a claim) have right to part of the land bought by the "in-laws"

(3) What repercussions would she face if Centrelink found out she had de-frauded them for years on end.

(4) There is no written will but passed on his wishes via word of mouthto his three kids, does this have any stanging on the proceadings ofhis estate.

I really hate people who try to do do favours for themselves over any body without a care to how they feel.

If I had it my way I would sellf everything, pay for the funeral, headstone and donate the rest to charities.

Thanks for any helo you can provide.

Daniel-Son