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Inheritance, Estate Planning and De Facto Relationship

Discussion in 'Wills and Estate Planning Law Forum' started by nina, 23 June 2014.

  1. nina

    nina Member

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    Hello, I'm in a de facto relationship. I have a son from a previous relationship. Myself and my partner own one house in my name and another house in both of our names. If we don't have a will and I should pass away, who would inherit the house in my name and also my part in the other house?

    I'm worried that my son would not get any inheritance, so wondering what the best thing to do would be, a will? My son will turn 18 in a few weeks.

    Thank you very much for your help.
     
  2. Owens Lawyers

    Owens Lawyers Well-Known Member

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    Hi Nina,

    It would depend on a lot of factors. If the house you own with your partner is held as a joint tenancy then he would become the sole owner on your death. If you are tenants in common then your share becomes part of your estate and subject to your will (if you make one) or the rules of intestacy, applicable to your state or territory.

    If you want some control then a will may be the way to go, but you should get legal advice specific to the jurisdiction you are in.
     
    John R likes this.
  3. nina

    nina Member

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    Thank you very much for your reply, much appreciated. Kind regards, Nina
     

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