VIC Writing Last Will - Can Wife Object?

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20 February 2019
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We have been married for 32 years. My name is not included in the title of the house. My wife is. I would like my 2 daughters to get equal shares of the house when I die. Is it possible for me to do a last will and include the same? It is going to be a simple will. Can my wife object to this when she writes her will?
 

Rod

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27 May 2014
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You cannot gift property that is not in your name. Your wife doesn't have to object, she doesn't have to doing anything as things currently stands. You die and so does your claim to your portion of the house.

I suspect you need a lawyer to get the result you want and that involves changing names on title and doing it the right way.
 
20 February 2019
3
0
1
We have been married for 32 years. My name is not included in the title of the house. My wife is. I would like my 2 daughters to get equal shares of the house when I die. Is it possible for me to do a last will and include the same? It is going to be a simple will. Can my wife object to this when she writes her will?
 
20 February 2019
3
0
1
Much appreciated for your response Rod. I was told that no matter who"s name is in the title both husband and wife has the right for their share in the property.
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
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www.hutchinsonlegal.com.au
While alive - yes. Dying changes the rules.
 

Tim W

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28 April 2014
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Much appreciated for your response Rod. I was told that no matter who"s name is in the title both husband and wife has the right for their share in the property.
You have been misinformed.
That principle can apply to Family Law matters.
But it does not apply to wills and estates.

You need the advice of a lawyer.
This is especially so because the lay people who are telling you things,
appear to have it badly wrong.