WA Tenants in Common - Protecting Mum's Share?

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3 July 2017
Hello -

Mum passed away and Mum (deceased) and me are the owners of a house with Tenants in Common on the titles. The will states that the executor of will, being her sister (who I do not trust), has no money. I am the sole beneficiary, so I really see that she has no real job to do. No other assets. I am worried she is after Mum's share of the house to obtain for herself once she has probate.

Any help? There has been conflicting stories from the to-be-executor, such as needed to do the will from QLD and a few more. (Unsure how she is going to pay for flights) The probate is in WA and now she wants to come to WA from QLD. Didn't even attend the funeral. Also the bank has the land titles (no mortgage).

Any help in how to protect Mum's half?


Well-Known Member
20 March 2015
Hi Sewell

I am sorry to hear about your mother.

Is the property in WA? If so a grant of probate in WA is required to transfer the house.

Does the will state that you are to inherit the remaining share of the house?

I am not familiar with WA law but if you look at landgate.wa.gov.au, it will tell you that the share of the property is to be transferred to the executor as executor, not personally, before it is transferred to the beneficiary. If you have been left your mother's share, the executor should not be able to take ownership for herself.

If the executor does not act in accordance with her duties you might eventually need to take court action.

By the way, putting together an application for probate does require a bit of time and effort. How old is your aunt? Would it help if you find out what forms are needed and send them to her?