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WA Retirement Villages Deceased Estate - Contesting a Will?

Discussion in 'Wills and Estate Planning Law Forum' started by RonnieB, 22 May 2015.

  1. RonnieB

    RonnieB Member

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    I was recently left a property in a will. The wording being "all interests in my home". The home is in a retirement village, but the land is owned by the deceased, which apparently is unusual.

    My question is: can anyone contesting a will make a claim for the land, as it was not specifically mentioned?
     
  2. Sophea

    Sophea Well-Known Member

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    Hi RonnieB,

    Do you mean that the will doesn't specifically mention the property that the home is on? Generally items that are not specifically noted in a will simply form part of a residuary pool which is divided in accordance with the will after everything else is distributed, however I assume "all interests in my home" would also refer to the land, because its not as though you can have rights to a house without having rights to the property its on.

    Perhaps a property/ wills & estates expert can comment further?
     
  3. winston wolf

    winston wolf Well-Known Member

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    I agree with Sophea that home would refer to the land and any building on it if they were owned by the deceased.

    As to a contest (normally a family provision claim) any asset owned by the deceased is up for redistribution not just what is named in the will.
     
    Sophea likes this.
  4. Tim W

    Tim W Lawyer

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    Do a title search before you do anything else.
     
    Sophea likes this.

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