VIC Claims after Divorce and death

[Destiny]

Hi In Vic- My query I cant seem to clarify is, if a couple are divorced one month before death, no consent orders settlement in place, is it possible that the surviving ex wife can claim against a pension annuity?
My understanding is that the family law matter may not continue, but a claim against the estate/Will is possible.?
I understand that super is not part of a Will, but this is a pension stream annuity. But if the pension annuity has a binding nomination(not the divorcee), can the divorcee still claim against after death.?
The annuity place are demanding contact details of the divorcee to ask about her intent to claim any further and confirm some details. They say she has 12 months from divorce even if died?
Thanks

 

[Atticus]

My understanding is that the family law matter may not continue

Is there a case filed with the court?

 

[Destiny]

Hi Atticus Not filed in court so my understanding was also divorcee cannot. So only against estate/Will but that is why I also query the annuity.

 

[Atticus]

Not filed in court

If there was a case filed, then on the death of a party, the legal personal representative of the deceased (executor of the deceased will) can continue as applicant/respondent, whichever the case may be.

As there are no orders filed, to the best of my knowledge, a person can't apply to the family court for property/maintenance orders against an estate...

The annuity place are demanding contact details of the divorcee to ask about her intent to claim any further and confirm some details. They say she has 12 months from divorce even if died?

12 months from divorce, yes..... but after death?? .. Stand to be corrected, but I can't see how. Not under family law anyway.

 

[Rod]

There are two issues in the query:

1. Superannuation. Need to look at the terms of superannuation deed and circumstances to know if a claim is possible.

2. Property settlement under family law still proceeds if one party dies.

We can help with both. Our firm can be found online.

 

[sammy01]

I'd have thought this would be dealt with under wills and estates. If you can establish you have / have had a relationship and are / were reliant on the deceased then you'd have a claim on the estate.

 

[Destiny]

Hi My understanding was, is possible, if orders were put in place prior to death but there is no signed orders. Super splitting possible according to the fund, but after death and no orders.?
They insist she can and want to speak directly to her. They saying they are unable to validate binding death nomination until receive confirmation.
How do you prove no orders or proceedings?

 

[Atticus]

They insist she can and want to speak directly to her. They saying they are unable to validate binding death nomination until receive confirmation.
How do you prove no orders or proceedings?

My *guess* is that they are being cautious .... will be up to her to show them legally binding orders if they exist (should have already been served on the fund trustee anyway if they existed)

 

[Destiny]

My *guess* is that they are being cautious .... will be up to her to show them legally binding orders if they exist (should have already been served on the fund trustee anyway if they existed)

I understand caution. I had said they should have already received orders if there were. Talking directly to his ex wife would create a nightmare, as she has no idea of what is being requested and then twists what is discussed to a completely different thing causing trouble. Thus not wishing to prove anything directly via her.

 

[Atticus]

Talking directly to his ex wife would create a nightmare, as she has no idea of what is being requested

If it's a super fund we are talking about? ........ Then they can only act on a legally binding splitting agreement/order, regardless of what the ex says .... Along with being served a copy of the agreement/order, they would also need the confirmation from the legal advisor/s (to ensure it's actually legally binding on the trustee)

If they had these things they'd know it, so It's hard to know what's going on here if they insist they want to talk to her.