Australia's #1 for Law

Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!

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

    Joined:
    19 May 2015
    Messages:
    1
    Likes Received:
    0
    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

    Joined:
    16 April 2014
    Messages:
    2,400
    Likes Received:
    373
    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?
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
  3. winston wolf

    winston wolf Well-Known Member

    Joined:
    21 April 2014
    Messages:
    391
    Likes Received:
    110
    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.
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
    Sophea likes this.
  4. Tim W

    Tim W Lawyer
    LawTap Verified Lawyer

    Joined:
    28 April 2014
    Messages:
    2,271
    Likes Received:
    518
    Do a title search before you do anything else.
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
    Sophea likes this.
Loading...

Share This Page

Loading...
gt;