LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

NSW Joint Mortgage - Beneficiary Contesting Will

Discussion in 'Wills and Estate Planning Law Forum' started by Sydney, 3 December 2015.

  1. Sydney

    Sydney Active Member

    Joined:
    2 February 2015
    Messages:
    12
    Likes Received:
    0
    I was hoping that somebody could confirm the following:

    A mortgage is in joint names (mother & son) as tenants in common, one person (the mother) dies and the balance of the mortgage is $160,000

    The house is valued at $340,000

    The deceased person's share of the property has been left in their will to the other mortgage holder.

    A beneficiary in the will (another son) who has been left residual plans to contest the will to attempt to claim half of the deceased person share.

    If they are successful with their claim, wouldn't they then also be liable for half of the balance of the mortgage due to the fact that it is in joint names?

    ie: Half of the balance of the mortgage is $80,000
    The share of the successful person who has contested would be $85,000

    So wouldn't the amount that the person who contested receive only be $5,000?

    Thanks
     
  2. winston wolf

    winston wolf Well-Known Member

    Joined:
    21 April 2014
    Messages:
    347
    Likes Received:
    101
    Assuming the house is the only asset for the deceased estate.
    The deceased had 50% share of $340K property = $170k
    The deceased had 50% share of $160K debt = $80k

    Therefore 170k - 80k =90k

    So unless I'm missing something the maximum possible claim would be $90,000 plus any other assets and minus any other debt(including legal costs).
    Also in NSW any other transactions (ie she gave away property) in the last 3 years, this can also be included in her estate(called notional estate).
     
  3. Sydney

    Sydney Active Member

    Joined:
    2 February 2015
    Messages:
    12
    Likes Received:
    0
    Thanks for confirming that, Winston, greatly appreciated.
     

Share This Page

Loading...