Intestate Succession Dispute
The client is a child of the deceased, who passed away intestate in Victoria, Australia, leaving behind a spouse. The client cohabited and worked with the father for approximately 15 years in the family business, providing both labour and financial support. They express concerns regarding the spouse's rights to the estate and are interested in applying for letters of administration due to a strained relationship. The client is particularly worried about their inheritance of specific tools, believing these should rightfully belong to them. Currently, no one has applied for probate or letters of administration for the estate.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat is the process for applying for letters of administration in Victoria when there is no will?
To apply for letters of administration in Victoria when there is no will, you must identify the deceased's next of kin who can apply, such as a spouse or child. Since no application has been made, you can apply through the Supreme Court of Victoria. Submit the necessary documentation, including an affidavit of the applicant and an inventory of assets. Obtain a death certificate and advertise your intention to apply. You have to wait at least 14 days after the advertisement before lodging the application. The court will then consider granting you the authority to administer the estate.
How does living and working with my father for 15 years impact my inheritance rights?
Living and working with your father for 15 years could potentially strengthen your claim regarding contributions to the estate, particularly if you can demonstrate a reliance on the business for your livelihood or that your labour significantly contributed to the estate's value. Under Victorian law, as a child of the deceased, you are a potential beneficiary of an intestate estate. However, the distribution will depend on whether there are other entitled parties, such as a spouse. Substantiating your contributions might provide grounds for a claim beyond the usual intestate distribution.
What rights does my stepmother have to my father's estate, and how might that affect my entitlements?
In Victoria, when a person dies intestate, the spouse generally has priority to inherit the estate. This means your stepmother has rights to the estate, which could affect your entitlements. Typically, the estate is divided between the spouse and children, but the spouse may receive a majority, especially if significant assets are involved. Your living and working arrangement with your father might influence specific asset allocations, particularly regarding business-related tools.
Are there any specific timelines or deadlines I need to be aware of when dealing with intestate estates in Victoria?
In Victoria, it's important to act promptly when dealing with an intestate estate. While there isn't a strict deadline for applying for letters of administration, it's advisable to do so as soon as possible to prevent estate assets from being distributed contrary to your interests. Delays could lead to complications or disputes, especially if there are disagreements with potential beneficiaries.
Can I claim for financial or non-financial contributions I made to my father's estate or business during the time I worked with him?
Yes, you may claim for both financial and non-financial contributions made to your father's estate or business. If you can demonstrate that these contributions improved the estate's value or were substantial in maintaining it, you may be entitled to a share of the estate. Providing evidence of your contributions is advisable to support your claim.
