VIC Rights to estranged fathers estate

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JMVR

Member
22 April 2020
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0
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I am wondering if someone can help me with a few questions before I contact a lawyer.

I have been estranged from my biological father since I was very young, around 2 years old. My mother has also no contact with him during this period and has since remarried. I am now in my mid thirties, married, and with a baby on the way.

There are certain things I know about my biological fathers life. He was and is still married with four children when he had an affair with my mother and conceived me. I guess, it was the eighties. I know that up until recently, none of my half siblings were aware of my existence or the extramarital affair our biological father was having. I am still not sure whether or not his wife knows about the affair, and if she does, whether she is aware of my existence. I know his name, address and phone number, what he did for a living. That's about it.

Since I was young I have felt deep shame about the situation regarding my birth, even though it was something beyond my control. I otherwise had a very happy childhood, albeit with a missing father.

My consideration now is whether I have a claim to my biological fathers estate when he dies, and how this could play out with consideration to his immediate family. Here are my questions:

- What claim, if any, may I have to his estate when he passes away? I certainly would not be in his will.
- If he dies before his wife, and leaves his estate to her, would I be able to dispute it?
- How will I even know when this happens? I currently have no contact with him.

I should add that I have a DNA which test which confirms the paternal relationship. This is a test that will hold up in court.

Any advice would be greatly appreciated.
 

Atticus

Well-Known Member
6 February 2019
2,045
299
2,394
I am wondering if someone can help me with a few questions before I contact a lawyer...

Here are my questions:

- What claim, if any, may I have to his estate when he passes away? I certainly would not be in his will.
- If he dies before his wife, and leaves his estate to her, would I be able to dispute it?
- How will I even know when this happens? I currently have no contact with him.

As a child of the deceased you would be an eligible person to contest the will .... That doesn't mean a judge would find you should have been included in a will though... circumstances matter, the relationship, etc

If he dies before his wife & she has a life tenancy in property for eg, then you would not be an eligible person to contest her will when she passes

I guess you will just have to keep a close eye on death notices... But, see that lawyer... They will ask a lot of questions & be able to offer a much more comprehensive answer to all your questions