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QLD Joint Tenants - Selling Property After Death of Testator?

Discussion in 'Wills and Estate Planning Law Forum' started by Legesy, 12 October 2016.

  1. Legesy

    Legesy Member

    12 October 2016
    Likes Received:
    In QLD, can the surviving joint tenants sell the property immediately after death of the testator before probate?

    Also, does money in joint accounts go directly to the survivor before probate? Also, can the person named as a beneficiary in a super binding death benefit be granted the benefit before probate?
  2. Sophea

    Sophea Well-Known Member

    16 April 2014
    Likes Received:
    In the case of joint property - that property passes automatically to the surviving tenants or account holders and bypasses the estate. Therefore I would assume that probate etc would have no bearing on the surviving parties interests and right to deal with the property or funds. Not sure about the binding death benefit though, it may depend on the super fund's own policies.
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