NSW Distribution of assets in a deceased estate

Discussion in 'Wills and Estate Planning Law Forum' started by ZaraB, 31 July 2018.

  1. ZaraB

    ZaraB Member

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    My husband, daughter and myself are equal beneficiaries in a deceased estate. Assets comprise roughly one third family home, one third Australian equities and one third cash (no debt). There is no dispute between us but my husband and I would prefer to take joint title of the property and make it our family home. Our daughter would prefer cash. My question is if OSR would accept this distribution as the estate can be distributed in thirds (as per probate) without each taking equal shares in the property, or would our daughter have to accept one third of the property then sell it to us so we incur transfer full duty?
     
  2. Rod

    Rod Well-Known Member

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    Either is possible depending on the wording of the will.
     
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  3. ZaraB

    ZaraB Member

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    Thanks Rod. I should ask OSR.
     
  4. bluetongue

    bluetongue Well-Known Member

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    If the will contains a suitable appropriation clause, you should be able to divide an estate by value of all the estate assets.
     
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