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VIC Property on WIll Sold Prior to Death - Will Beneficiary Get Nothing?

Discussion in 'Wills and Estate Planning Law Forum' started by BJDudley, 18 January 2016.

  1. BJDudley

    BJDudley Member

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    Hello, and thank you in advance.

    My older sister passed away recently and one of the items on her will (written a few years ago) is a property that was sold shortly before her death. This property was intended to be given to her son.

    Her cash assets are to be given to a different beneficiary (her daughter) and we are wondering how this works. Does her son (my nephew) get nothing?

    The two beneficiaries are not on speaking terms so I can see this getting messy. Obviously, my nephew feels as though he is entitled to something, however, the house no longer exists and is now cash, so, strictly speaking, it will all go to my niece.

    The last thing we need at this time is a dispute between siblings.
     
  2. Rod

    Rod Well-Known Member

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    What is the reason the property was sold?
     
  3. Tim W

    Tim W Lawyer

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    And who sold it?
    And has it settled yet?
     
  4. BJDudley

    BJDudley Member

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    It was sold in order to fund her care expenses by her power of attorney (not one of the children). Settled a few months ago.
     
  5. Tim W

    Tim W Lawyer

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    That's it then, it's gone.
     

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