WA Retirement Villages Deceased Estate - Contesting a Will?

[RonnieB]

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?

 

[Sophea]

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]

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.

 

[Tim W]

Do a title search before you do anything else.