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QLD Wills and Estate Planning - What If Husband Dies at Same Time?

Discussion in 'Wills and Estate Planning Law Forum' started by CJ999, 13 August 2015.

  1. CJ999

    CJ999 Active Member

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    Long time married. House in husband's name only. Both die at same time. Would the house be part of husband's estate only, or would it be considered communal property and be 50/50 part of each estate?

    (This is to know if this scenario needs to be addressed in Will, and estate planning, preparations).
     
  2. Tim W

    Tim W Lawyer

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    If you both die at the same time, then who would get the house now?
     
  3. CJ999

    CJ999 Active Member

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    Not quite. Let's say the husband's Will left all his Estate to his wife first, but if she didn't survive him then to HIS parents. The wife's Will left all her Estate to her husband, but if he didn't survive her then to HER parents. So even though the house would be considered communal property if they had separated, in this case of death would it only be considered as his? In other words would the house (and for that matter their entire Estates) be split between each one's parents, or would everything in his name go to his parents, and everything in her name go to her parents (even though in life all their assets would be considered as communal property)?
     
  4. bluetongue

    bluetongue Well-Known Member

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    The Queensland Succession Act 1981 notes the following so if both husband and wife die simultaneously, the younger of them is deemed to have died last, but in many wills, there is a requirement for the beneficiary to survive the deceased by 30 days so if this were the case, the house would pass to the beneficiary listed in the will who survived the husband by 30 days.

    Please note that my answer is a hypothetical answer to your hypothetical question and does not constitute the provision of legal advice.

    SUCCESSION ACT 1981 - SECT 65

    65 Presumption of survivorship
    Subject to this Act, where 2 or more persons have died in circumstances rendering it uncertain which of them survived the other or others, such deaths shall (subject to any order of the court), for all purposes affecting the title to property, be presumed to have occurred in order of seniority, and accordingly the younger shall be deemed to have survived the elder for a period of 1 day.
     
  5. CJ999

    CJ999 Active Member

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    Thank you. :)
     

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