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Claim on Ex's inheritance

My brother died last month and left a house and farm to my ex. Can I make a claim off her? I got nothing from him (my brother).

It is interesting that this listener’s brother should have left a property to the listener’s ex but I am afraid I have to advise that he has no rights under the Succession Act 1965.

 

If this listener, however, has not yet agreed to the terms of separation with his Ex or they haven’t been ordered by a court, if his Ex has more personal assets than him at the date of separation but before any settlement he may be able to file a claim based on marital rights rather than succession law.

 

If this listener has already settled with his Ex and a divorce is already in place it will be more difficult to make a claim against the Ex unless he is financially distressed. 

 

I'm assuming here that this listener's Ex is his wife. If they were not married then the situation will be different and children wil complicate financial matters further.

 

He should see his family law solicitor without delay and get specific advice tailored to the particular situation.

The issues raised in the answer to this NewsTalk listener's question are dealt with in a general way as can only be the case on live radio. Before relying on the advice given in this answer, whether you heard the broadcast or are for the first time reading the issues here please do not rely on the broad advice given. For a detailed professional opinion please consult a qualified legal advisor and for further details read our disclaimer on the Home Page.

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