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NSW Property Inheritance - Tenants in Common in Will

Discussion in 'Wills and Estate Planning Law Forum' started by Sylvia77, 14 May 2015.

  1. Sylvia77

    Sylvia77 Member

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    About 13 years ago, we (my husband and I) bought half of my fathers property and we have been living in the house since. When organising the documents with the solicitor back then, we agreed that the arrangement we wanted was for the house to automatically go to us when my father passes as an inheritance. We were advised by solicitor that it was all in order.

    My father passed away this year and we just went to see the solicitor to organise the transfer of the title into our name. His will said for the house to go to us but we were advised by the solicitor that the ownership of the house between us and my father was as tenants in common, and therefore we now have to pay huge amounts of money to get it transferred and also for the court to advertise the death in case anyone out there wants to claim their rights to the property. I am quite shocked as for all those years, we thought all this was in order the way we agreed. Is this all correct? We still live in the house and are not planning on selling it.

    If the ownership of the house was meant to be joint tenants, and it has not happened, why should we be liable for all those fees?

    Any insight into this would be greatly appreciated.
    Thank you
     
  2. winston wolf

    winston wolf Well-Known Member

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    What do you mean by a huge amount?
    What does the solicitor say this is for? Government charges or his fees?
     
  3. Sylvia77

    Sylvia77 Member

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    The solicitors fees are around $5K and then probate fees and Lands Titles fees on top. Comes to around 10K, which we were not expecting as we were told at the time that it will be as simple as transferring the title into our name with minimal fees.
     
  4. winston wolf

    winston wolf Well-Known Member

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    If you are the executor of the will you can shop for a better deal or look into doing some of the work yourself.
    I doubt it would have been much cheaper if you were joint tenants (somebody correct me) although you would have saved on probate fees.

    Have you raised this with the solicitors? That it should have been joint tenants.
     
  5. Sylvia77

    Sylvia77 Member

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    Im not sure which part I can do myself, I'd be happy to try. It just seems crazy to pay that much for a house that we have a mortgage on and been living in for a very long time. We did tell the solicitor that it was meant to be joint tenants- that was the whole idea of living my dad's name on the title. He doesn't seem to care much. But he did say that if it was joint tenants, we would only have to pay land title fees.
     

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