VIC Joint Tenants - Could Deceased Person's Children Claim Part of Estate?

[tomcat]

I understand when two [or more people] are joint tenants, when one dies, the other person becomes the complete owner of the estate. [Right of Survivorship] But what happens if deceased person's children try to claim his part of the estate? Can they really claim it? Could it be possible?

Thanks for your time.

 

[winston wolf]

When you say estate I assume you are referring to a property.
They can claim in NSW (Provisional estate) but not in other states.

So they can't claim on the jointly owned property, but they can claim on anything else owned by the deceased or make a claim on super unless it has a binding death benefit nomination.

 

[tomcat]

Hi, thanks for your reply. Yes, when I said an "estate' I meant a property.