VIC Son putting mothers house in joint before she died

Discussion in 'Wills and Estate Planning Law Forum' started by Darren new, 3 December 2019.

  1. Darren new

    Darren new Member

    Joined:
    3 December 2019
    Messages:
    2
    Likes Received:
    0
    Hi just have a quick question about wills, I have a brother who with my mother put her house in joint names just before she died, can that be challege in a will dispute or is that now legally binding he now owns all the house as she has passed on ?
     
  2. Val Antoff

    Val Antoff Member

    Joined:
    17 June 2018
    Messages:
    2
    Likes Received:
    1
    Dear Darren

    Your mother had freedom to deal with her property as she wished during her lifetime.
    The question is if your mother transferred the house in joint names because of undue influence or unconscionable conduct of your brother.
    Such transactions may be set aside if you have evidence to support your claim.
    You can lodge a court application even now after your mother has died.

    You also need to know that this is a well known strategy to remove assets from the estate.

    You should seek legal advice without delay.

    Kind regards
    Val
     
  3. Darren new

    Darren new Member

    Joined:
    3 December 2019
    Messages:
    2
    Likes Received:
    0
    Hi Val

    Thank you for clarifying the situation.

    Thank you your time to assist.

    Cheers
    Darren
     
  4. James McGill 0708

    James McGill 0708 Active Member

    Joined:
    14 September 2019
    Messages:
    10
    Likes Received:
    0
    Was the property put into your brothers name as a joint tenant or tenant-in-common. The former would mean your mothers share of the property wouldnt ever 'touch' the Will, it would pass directly to your brother.
     
Loading...

Share This Page

Loading...
gt;