Divorced? Is your property protected in the afterlife?

It is generally understood that after being divorced for 12 months, your ex cannot commence property proceedings against you, but what happens after you pass away?

The case of Lodin v Lodin[1], the deceased Dr Lodin died without a will and under the rules of intestacy, his only daughter stood to inherit his estate worth $5 million. However, the former wife of the deceased was able to commence proceedings against the deceased estate as she was considered an eligible person under the Act[2].

Initially the trial judge awarded the ex-wife $750,000, being Dr Lodin’s moral obligation to his former wife, even though there had been a property settlement over 20 years prior. However, in the Court of Appeal, the Court found that the primary judge had errored by not considering several factors as to whether there were ‘factors warranting’ the former wife’s claim[3].

Each case is different and for this reason it is vital to seek legal advice. Eleni has dealt with scenarios such as these and have the ability to assist you in these matters. 

Please contact Eleni from OverLaw Legal to schedule a time to discuss your matter.  

[1] Lodin v Lodin; Estate of Dr Mohammad Masoud Lodin [2017] NSWSC 10.

[2] s 57(1)(d) Succession Act 2006 NSW.

[3] Lodin v Lodin [2017] NSWSC 327 at [4], [119].