QLD Inheritance for Interstate Beneficiaries - Who Pays for Postage?

[robkei]

If I have a will made in Qld but one or more beneficiaries live in NSW, who pays freight or postage for a specific gift (inheritance other than money) to go to the NSW beneficiaries? The estate or the beneficiaries?

 

[Tim W]

Are you the executor or the beneficiary?
Is this a real life example, or what we call a "homework question"?

 

[robkei]

Are you the executor or the beneficiary?
Is this a real life example, or what we call a "homework question"?

It is a real life question & it is my will.

 

[Tim W]

I'm a lawyer in NSW, not Queensland, so factor that in
when deciding how much notice to take of what I say here.

1. It is more usual for an otherwise unconditional gift to be "free and clear"
   in the hands of the beneficiary.
   Which means that it is usual for the estate to meet such costs.
   
   
2. However, you can make a gift conditional, such as
   "Bill can have my partly restored 42 foot cruising yacht
   as long as he pays for it to be removed from my yard"
   
   This is equally applicable to any item of real property,
   such as furniture, art, a shed full of tools, a car, etc.
   
   
3. In cases such as item 2, you will also need to make
   some sort of provision for what will happen if the beneficiary
   won't/can't accept the gift subject to the condition(s). ,
   An example might be if the beneficiary simply doesn't have the money themselves
   to transport an antique item of furniture or whatever.
   
   
4. The reason for item 3 is to avoid a partial intestacy.
   
   
5. You as testator can expressly provide for delivery/ transport costs to be met from the estate.
   For avoidance of doubt, and dispute, and unnecessary pain,
   you should be express about this.

In closing, I will make my often repeated suggestion
that you have a lawyer prepare your will properly.
Apart from the legal-technical need for it to be done correctly,
in order to accurately reflect your testamentary intentions ("your wishes"),
it is one of the few things you can do now
to ease the impact of your death on those who remain.

You may care to look at our LawTap page
to find one of our own who would be happy to assist you.

 

[robkei]

Thank you for your help Tim

I have had my will done by a solicitor but this is just something I recently thought of and I am unsure if the beneficiary will accept the gift.

I have not been able to contact them as I do not know where they actually live to ask if they would like the gift. I will make an appointment to speak with my solicitor about this specifically.

 

[Rob Legat - SBPL]

Can you tell us what the gift is, and why it's causing you concern?

 

[robkei]

Can you tell us what the gift is, and why it's causing you concern?

Hi Rob

The gift is a few items of jewellery (not valuable) and also a large heavy framed painting (again not valuable but sentimental). The main problem is that the beneficiary is an estranged child who clearly stated years ago that she wants no contact & has gone out of her way to keep her addresses, contact numbers and even children secret from us. We had tried to keep in contact through a third person but even these attempts were rebuffed. We were also going to leave a small amount of money.

Our Solicitor was made aware of this problem when our wills were first redone 4 years ago & had us do a letter to go with the will stating the facts involved. I am concerned that by our executors sending the gifts & maybe being rejected out of spite that this may cause further problems & hold up full dispersion of the will. I am wondering if it would be easier to just not worry about leaving the gifts to this beneficiary to simplify matters. We do not know if she will even accept the money or not but that at least is easier to return being a cheque.

My husband and I have been losing a great deal of sleep over this whole matter not just the will side of things & we do not wish for our other family to suffer because of one person.

 

[Rob Legat - SBPL]

You can easily deal with this in the will by making it clear exactly what you want to do. You could, for example, state that you're leaving the items for this person and direct your executors to make contact with them concerning the bequest. If they decide that they don't want any or all of the items, they form part of the residue. You can also specifically state that the cost of transport of the items, should the beneficiary agree to take them, shall be paid out of the estate.

 

[robkei]

Thanks Rob

What if our executors are unable to make contact due to not knowing an address or phone number as previously stated. How do they find them?

 

[Rob Legat - SBPL]

Unless someone is trying to hide or moving a lot, getting an electoral roll search done is usually the best method.