WILS - EX GETS THE LOT

Real case study:

H and W separate. It was acrimonious. There were two children. The H commenced legal proceedings for property settlement.

In the throes, the H died in a tragic MV accident. H left no Will. The parties were not yet divorced.

In the absence of a Will, the W was regarded as the appropriate Applicant for Administration and Beneficiary of the H's Intestate Estate (Ch. 4 Succession Act 2006 NSW).

Needless to say, the H's parents were VERY unhappy with this outcome as their relationship with the W was similarly acrimonious. They did not feel that the W should receive all of their son's assets, particularly as he was fighting for a division in the Family Courts.

NB: The making of a Will, even in the form of a short 'stop-gap' Will, could have avoided this situation.

Consider further (which did not appear in this case) - if the W had differing views about burial or cremation from those of the late H's parents (e.g., perhaps as in cross-cultural marriages), her views and wishes would have taken priority over any wishes or interests of the parents, no matter how hurtful they may have appeared. This could have added further insult and distress to the parents who, by this stage, had become closely aligned with the H, assisting him in a sense towards rebuilding his life as a single person.

I have encountered similar situations involving the death of the W. There is no gender bias intended, or in fact, in this illustration.

Wills & Estates and Family Law are not at odds. Usually, the paths intersect or align.

Phil Brogan has specialised in both Wills & Estates and Family Law for over 20 years and is best placed to assist parties in these important and often difficult legal areas.