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:

VIC Joint Tenants - Could Deceased Person's Children Claim Part of Estate?

Discussion in 'Wills and Estate Planning Law Forum' started by tomcat, 30 November 2015.

  1. tomcat

    tomcat Member

    Joined:
    30 November 2015
    Messages:
    2
    Likes Received:
    0
    I understand when two [or more people] are joint tenants, when one dies, the other person becomes the complete owner of the estate. [Right of Survivorship] But what happens if deceased person's children try to claim his part of the estate? Can they really claim it? Could it be possible?

    Thanks for your time.
     
  2. winston wolf

    winston wolf Well-Known Member

    Joined:
    21 April 2014
    Messages:
    347
    Likes Received:
    101
    When you say estate I assume you are referring to a property.
    They can claim in NSW (Provisional estate) but not in other states.

    So they can't claim on the jointly owned property, but they can claim on anything else owned by the deceased or make a claim on super unless it has a binding death benefit nomination.
     
  3. tomcat

    tomcat Member

    Joined:
    30 November 2015
    Messages:
    2
    Likes Received:
    0
    Hi, thanks for your reply. Yes, when I said an "estate' I meant a property.
     

Share This Page

Loading...