WA Retirement Villages Deceased Estate - Contesting a Will?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

RonnieB

Member
19 May 2015
1
0
1
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?
 
S

Sophea

Guest
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?
 

winston wolf

Well-Known Member
21 April 2014
424
115
894
Adelaide
changefpa.com.au
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.
 
  • Like
Reactions: Sophea

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
4,966
822
2,894
Sydney
Do a title search before you do anything else.
 
  • Like
Reactions: Sophea