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Allocating Proceeds for Disposal of Property in a Foreign Country

Discussion in 'Wills and Estate Planning Law Forum' started by LionHeartKing, 14 May 2014.

  1. LionHeartKing

    LionHeartKing Member

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    I would require assistance in drafting a legal letter instructing my lawyer to dispose a property I own and allocate proceeds to different family members as beneficiaries. It is not a will it is a letter of instruction which I would ideally want to stand in court as a legal document if there are any problems down the track
     
  2. Tim W

    Tim W Lawyer

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    1. Are you selling it while you are alive?
      Or is this what you want to happen if/when you die?

    2. Is the property in Australia, or overseas?

    3. Is the lawyer you want to instruct with this letter in Australia,
      or overseas?
     
  3. LionHeartKing

    LionHeartKing Member

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    1) I am selling this property whilst I'm still alive its an Asset disposal where I want proceeds simply allocated to specific individuals

    2)This asset is outside Australia in Zimbabwe and I want
     
  4. LionHeartKing

    LionHeartKing Member

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    1) I am selling it whilst I am still alive, I already have an individual with a power of attorney however they would require a legal letter expressing my wish to dispose the property and allocate funds. Part of the proceeds are to go to my bank and the remainder I want to allocate it among family members.

    2)The property is outside Australia in Zimbabwe
    3) Lawyer is in Zimbabwe and I want to send him this official letter stating my intentions
     
  5. Tim W

    Tim W Lawyer

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    If you make it clear to the lawyer in Zimbabwe what it is you want,
    then they should act on those instructions.

    I suggest that you include a Power of Attorney (or the local equivalent),
    which will authorise your lawyer to deal in land on your behalf.

    Just tell your Zimbabwean lawyer what you want in plain (presumably) English,
    and don't get too tangled up in quasi-legal lingo.

    Also, given the local complexities of life in Zimbabwe, it may be prudent to consider insuring the transaction.
     
  6. rebeccag

    rebeccag Well-Known Member

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    G'day LionHeartKing,
    As this is a legal forum, we can give useful information but not draft up legal letters for you.
    You could prepare a draft letter of what you'd like and then engage a lawyer to ensure its legally enforceable and reflects your intentions.
    Are you wanting us to suggest some lawyers or law firms who could assist? Which State are you located in?
     

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