Estate Question - Coercian

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AG92

Member
23 September 2021
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Hi team,

I have a tricky scenario I am trying to help my Mother with. Details as follows:
  • Mum’s parents are getting on in age and will probably pass in the next year or two
  • Mum is one of two siblings
  • Mum’s brother is coercing her parents into selling their O/O property (value estimated $1-$1.2m), although they are in agreeance with him at this stage & will not get independent legal advice
  • They do have a reverse mortgage on the property so I am assuming they will need to get advice before any sale can be made??
  • Her brother is then offering to purchase a O/O property with him for them all to live in until they pass
  • Both are on age-pension
He is not in a position to borrow money so is using this full and well to his advantage. Mum is concerned that her inheritance will then be tied up with her brother’s property, especially if they purchase as joint tenants and she will have no right to the inheritance? She is listed in the will for 50% but is this irrelevant with the rights for survivorship?

Alternatively, with tenants in common the estate would then have an interest when they pass?

Keen to hear your thoughts,
AG