4 Comments Wills, probate, letters of administration, powers of attorney
As the surviving de facto spouse, you have priority over anyone else to make the application. If the gross value of the estate is under $150,000 then you will inherit the whole estate – if it is over $150,000 then the children will inherit a share of anything in excess of $150,000. The ex-wife may have some claim to the estate because she is still living in the house, as she may be able to prove financial dependence. This may also be the case of the ex-girlfriend. However, ostensibly the only person with a beneficial interest is you, so I would proceed with the application as you do not need the consent of the other family members.
Hi Michele. Under the laws of intestacy in QLD, you do not have to give the children a share because you come within the legal definition of a de facto spouse, and if the estate is under $150,000, you will inherit alone.
After Letters of Administration are granted you will be able to transfer the property into your name, at which point you can sell it. I guess at that point you could contact the police and have them removed. You will be able to insure the property after you become administrator, so that may help the situation. Technically everything owned by your partner is yours (or soon will be).
I was looking at the family provision act, does this apply in qld ? I dont want to be stuck! for example if i sell the property and use the money as a deposit to buy another house then this type of order is made where i have to sell the new house to pay the family provision order. Also just for all the people who find themselves in this kind of situation DONT SIGN ANYTHING UNLESS YOU READ IT. After my partners death, his father(who we hadnt spoken to for 2 years because he didnt pass on a substantial money gift to my partner from my partners grandmother), asked me to sign some paper work I said no not at the moment and later i found the paperwork was a document stating I didnt want to administer his estate . Then recently the same person ( my partners father, my childrens grandfather, ) sent a copy of an apparent will that was forged and didnt have my partners name correct. Apparently he is not committing fraud untill he tries to register this fraudulant document with the courts. I will respect the wishes of my partner and never talk to his parents again. I cant believe they would do this to their own family. It breaks my heart to think about it.( the bits that are not shattered allready.)
I spose i am still worried that they will oppose the decision and that we will waste most of the estate money fightin in court. Do they have any rights to object ?