Just in Case Law

SUCCESSION: Who is the real spouse?


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CASE: In the Estate of the late Anthony Marras [2014] NSWSC 915

Anthony Marras died on 14 September 2011. He died without having ever done a Will, which meant that his estate would be distributed according to the rules of intestacy. According to those rules, the majority of his estate would go to his surviving spouse. But depending on how you looked at it, Anthony had 2 wives... or none... or just one.

Anthony was married to Maria from 1958 to 1980, at which stage they divided their assets and divorced.

Anthony was married to Effy in 1982 and they separated in 2008. They had divided their assets, but not yet divorced when Anthony died on 14 September 2011.

After Anthony's death, Maria claimed that in 2008 she and Anthony got back together and that she was his de facto at the time of his death.

So how many spouses did Anthony really have and how was his $1.5 million estate to be distributed?

THIS IS NOT LEGAL ADVICE.

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Just in Case LawBy Tanya Chapman


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