QLD Cease and Desist Letter from Uncle's Estranged Daughter?

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Nathan1980

Member
12 March 2015
2
0
1
Hi,

I am unsure if this is the right place to post this question, so I apologise if it is in the wrong area.

My uncle (who I considered like an older brother to me) passed away 1 week ago today. He was suffering from an illness and had an unexpected heart attack. He had no will at the time of his death, and my grandfather and other uncle are beneficiaries to his superannuation. He recently had declared bankruptcy as he had lost his job months ago before the illness in his legs took hold, and he had no income to pay any of the bills he had

Now this is where it gets painful and heartbreaking. Really heartbreaking. In our family's time of grief, this is the last thing we all wanted or expected. My uncle who passed had an estranged daughter whom they never were in touch with while she was growing up. Her mother went so far as to actually put 'father unknown' on her birth certificate while they were together.

Five years ago, they did have contact several times. Just as they were slowly getting to know each other, she cut off all ties with him. She did not call him, see him or let him see the grandchildren he did not he had until that time.

My family did the right thing last week and were finally able to track her down and let her know of his death. She came around that night and was asking if his car would be hers, and if she had any of bills she would have to pay. There was not one bit of sympathy from her. She wanted to know if she could have some of his ashes. To which my grandmother said no, as he had always wanted his ashes be placed into the ocean in our hometown. She then wanted to know how much money he had. To which she was told he pretty much had nothing as he was bankrupt.

She then left and nothing was heard from her until yesterday where she called and said she had a letter from a solicitor saying it was for my grandparents to cease and desist with all activities regarding my uncle. She was abusive to my family on the phone and hung up on them.

My grandparents have done all the right things by contacting places they needed to and advised people and companies of my uncle's death. My grandmother is taking this so bad, we are all worried she may not live much longer.

My family is grieving so much right now. I can't believe someone who is supposed to be a relative can be so nasty and vindictive. My grandfather will be contacting a solicitor today as my uncle's ashes will be getting delivered to their home. I know he will find out more when he speaks to them, but is there any help anyone could give to let me know what could happen, and if she does have a right?

I know she will have to prove that my uncle was her father as her mother did not put him on birth certificate, but is there anything else we can do to help or what outcomes could possibly be?

I am sorry for the long rant, but I am just so full of all different emotions right now, I am just really overwhelmed.

Thank you
 
S

Sophea

Guest
Hi Nathan1980,

You sound understandably overwhelmed by this situation, and it is shocking that people can behave in such an insensitive way. If there is no will, his estate will be distributed in accordance with the rules of intestacy - which is basically spouse then children then others (see here) What Happens if I Die Without a Will?

This means if he had no spouse and no other children, then any property that he didn't own as a joint tenant with someone else will probably go to her (except super of course that has binding death nomination). She is probably just trying to ensure that she secures what is hers.

She will have to prove that she is in fact issue of the deceased. I m not sure how this can be done in absence of proof on birth certificate.

I'm sorry she is making this such a difficult time for you and your family.