48 years after divorce, Benaud’s ex-wife may claim on estate 620



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Many people remarry – but it isn’t always simple, especially when it comes to making a will. An unfolding court battle over the estate of late cricket commentator Richie Benaud demonstrates just how entangled things can become. It can be complicated; damned complicated.

Richie died in Sydney in April after a battle with skin cancer. The man who was the voice of cricket for many decades was mourned throughout the world.

The Sydney Morning Herald reports now an ex-wife and their adult son have have taken action against his second wife in the NSW Supreme Court.

What is amazing about the legal action is that Richie and his first wife Marcia, who were married in 1953 and had two sons, were divorced way back in 1967.

Now his second wife, Daphne, whom he married when he divorced his first wife and he remained married to until his death, is being sued by Marcia and one of her two sons.

It’s not surprising that a son should feel entitled to part of his father’s estate, but the fact that his relationship with his ex-wife ended so long ago and can still have a claim on his estate is making headlines around the country.

48 years on, should she be suing? Especially when Benaud presumably made most of his money after they divorced? And should a court be entertaining such a claim? Shouldn’t there be a time limit on such things?

The matter will be mentioned for the first time in the family provisions list in the NSW Supreme Court today.


What do you think? Does an ex-wife from so long ago have a moral claim on his estate? Are you worried about someone challenging your will?

Starts at 60 Writers

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  1. No on the ex wife Son yes

    5 REPLY
    • only when the widow has also passed away, no different if he had children to second marriage, they wouldn’t be entitled either.

    • he is still his son and yes he should but I would like to know what the will says and what provisions He made over his sonss lives

    • The estate will be divided up as his will states…..if all goes to 2nd wife the love of his life,,then,,up to her if she splits it with his children…..also,,we do not know the relationship between father and sons,,that is private business,,,funny the other son not having anything to do with this……maybe he is the one that loved his dad and is mourning the loss, ,,,not money hungry vultures…..

    • If he had been treated with respect as a father, he would have included the boys in his Will while he was alive. One has to ask why he didn’t and you will then have your answer.

  2. Once the divorce is final I don’t think an ex should be able to claim on some ones estate. Presumably there would have been a financial settlement in the divorce. However I do feel that Mr. Benaud would have been wise to include his sons in his will. Whether this would have stopped them from suing is debatable. If they were included they may have felt that they did not get what they deserved. It would have been wise perhaps to have discussed his will with his sons when he made it. I don’t think the ex wife has any right to anything from his will. This would set a dangerous precedent.

  3. greedy and bitter ex-wife!

    9 REPLY
    • 48 years is a life time !! no she should not get a cent, she managed for the last 48 years without it

    • Could have been one of the reasons he divorced her! Greed does horrible things to people I can’t help feel for poor Daphne who I am sure would rather Richie back than have the money however much it is…. You are EX stay that way!!!!

    • maybe the ex has spent all the money and needs more to live on and feed the kids depending on how old they are

    • Carol – after 48 years? You have to be kidding. The ‘ex-wife’ has had a long time to move on, and the sons have had their life to live and shouldn’t be ghouls

    • Carol Mackenzie if she has been divorced for 48 years, the children will not be young

    • having been divorced for that length of time she should have moved on ,just how much contact did she have with Richie when he was alive ,his wishes are his and not hers

    • would seem to me that Richie became “famous” and probably made his money long after he divorced his first wife…….if Richie had a relationship with his 2 sons from first marriage then wouldn’t he have left them something in their will.

    • Carol Mackenzie Since it is 48 years since the divorce, the son can hardly be a child!

  4. No way, the ex wife, but maybe a token payment to the son. It would depend if Richie had a relationship with his son after the divorce, and if he was already bequeathed something.

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