Including Children in a Property Title

[VVV999]

Dear Forum Members,

I would like to know more about the best way to leave part of a property I own (50%) for my 3 children, leaving a 4th child out. The other 50% belongs to my partner.

Questions:
1. Would the 4th child would be able to contest this, after my passing?
2. How much Stamp Duty, if any, would the 3 children have to pay in NSW, if no money is not received. One of the parents wants just include them in the title.
3. Having the children included in the title with one of the parents, is it best to have "Joint Tenants" or "Tenants-in-Common"?

Thank you for your help.
VVV999

 

[Tim W]

Are the children still children, or are they adults?

Is the house currently joint tenants or tenants in common?

Is your current partner their mother?

Why do you want to leave out the 4th child?
This matters, even if you don't want to disclose it here.

Don't try to DIY this. Get a lawyer to write you a will and related documents that reflect your intentions.
There are lots of reasons why what you're asking about
could be a bad idea, could cost a lot of money, and in the end, not actually be effective.

 

[VVV999]

Thank you Tim for your reply.
The children are all adults, from the same relationship. No blending family.
The 4th child is stranged from the rest of the family and we all think it is better to stay this way, including the child itself.
The child has made very clear not to have any communication with any of us. And we respect this. It has been for a long time like this.
The property is tenants-in-common with my partner. I was just thinking to include the 3 children in the title, on my share, as joint tenancy with me
to guarantee the 4th child does not contest the property as with a will this can happen.

 

[Tim W]

In NSW, there's a thing called Family Provision proceedings.
It's the 4th child's prospects of success that is the question.
Much depends on the facts of each case, and there's no magic wand way around them.

Also and separately, subdividing a share in a tenancy in common is a sophisticated transaction,
can cost more money than it can save, or can make.
And it's not a DIY.
Unless there is so other aspect you have not disclosed here,
then you may be better off just getting your will set up properly,
and letting things take their course.

 

[VVV999]

Thank you Tim.