Grandparents' Estate
The inquiry involves a potential entitlement to an inheritance from a deceased relative's estate. The case is in Victoria, where the relatives were significant landowners. There are no known wills or specific details regarding the estate shared with the inquirer, nor is there any information about past legal actions related to the inheritance. The individual seeks clarity on their rights in this inheritance and estate planning matter.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkAm I entitled to a share of my deceased father's estate?
In Victoria, if your father predeceased his parents and was named as a beneficiary in their will, his share could pass to his descendants under the "right of representation." If intestacy laws apply due to no existing will, the specific determination of entitlements should be clarified with legal expertise.
What steps should I take to determine if there is a will regarding the estate?
To determine if a will exists, check with the Probate Office in Victoria and search for probate records related to your relatives. Additionally, consult family members for knowledge on the estate and seek advice from a solicitor with expertise in estate law.
What happens if there is no will? How does the law in Victoria manage intestate estates?
If a person dies without a will, the estate is distributed according to intestacy laws, typically to surviving spouses and children. Understanding potential entitlements may require legal investigation.
Are there any inheritance laws that might affect my claim or share?
Inheritance matters are governed by the Administration and Probate Act 1958 in Victoria. Depending on whether there is a will or intestacy, distribution legalities may vary.
If my relative has taken over my father's affairs, does this affect my entitlement to inheritance?
If a relative has taken over your father's affairs, it may influence estate management, but it does not automatically alter your entitlement to inheritance unless specified by the relevant legal provisions.
