QLD Inheritance - Can Family Friends Claim Ownership of Property?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Chace

Member
24 September 2016
1
0
1
Recently gained inheritance of a family property. Friends of my deceased family are staying in the house rent free. Is there any time limit or any way they can claim ownership of our property?
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
4,933
820
2,894
Sydney
Has there been a Grant of Probate, and
if so, has the property (house?) been transferred into your name yet?

Is there anything specific in the will?

Are they guests, or tenants, staying there under a less form arrangement,
or are they maybe even squatters?
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
7,731
1,056
2,894
www.hutchinsonlegal.com.au
... any way they can claim ownership of our property?

Yes. As Tim says, look at the will. And after 30 years possession, they can claim adverse possession.

The longer you leave something like this, the harder it can become to move them on.
 

Iamthelaw

Well-Known Member
13 September 2016
412
86
794
Similar to what Tim asks, has the property been transferred into your name? Has it been left solely to you alone or to you and some one else etc?

It's hard to claim a title as the indefeasibly principle of the Torrens title system is pretty solid, except in instances of fraud.