QLD Defining Assets in a will

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Mendi

Member
25 August 2022
3
0
1
When my brother's will named me the sole beneficiary of all his assets would those assets also include his 50% share of joint ownership private residence he shared with his estranged wife
 

Warbler

Active Member
25 April 2019
11
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31
Hi Mendi
Sorry to hear about your brother.
It depends on what kind of title they held the property under as there are several ways of jointly owning a property. If they were joint tenants there is no 50% - the surviving party would usually own all of it under the right of survivorship.
If it was held as tenants in common according to whatever % it was split( not necessarily 50-50) then you might inherit your brother's share under the Will.
Are there any family court proceedings underway?
Your best starting point is for you or whoever is the executor to clarify the title to the property.
 

Mendi

Member
25 August 2022
3
0
1
Thanks Warbler, the will was with Public Trustees office (wasn't impressed) so as executor plus I live overseas I decided best course is engage a lawyer who explained the same as you, now he can investigate the finer details and sort it out