Joint Property and your Will
Most Will Disputes occur from contention over how the Estate was supposed to be divided among the beneficiaries, rather than how the law entitles those to the assets in the Estate.
The primary example being a property purchased in a couple’s names as Joint Tenants. Upon the death of one owner, the law of succession states that the property is automatically passed to the joint owner on title. If the deceased’s Will states that their share of the property is to be passed to their beneficiaries rather than what the law of succession demands, this is how Will Disputes occur.
There are cases which have noted the various ways in how a Will can be constructed to ensure that Will Disputes are less likely to occur. In re Wilfords’ Estate; Taylor v Taylor (1879), joint tenancy was bypassed with life interests. In the Estate of Heys (1914), gifts of leaseholds severed joint tenancy properties. In Gambacorta v Di Giovanni (2021), the intention of the Will maker was taken into consideration, as each testator dealt with their half of the property in very different ways.
At Matthews Folbigg Lawyers, our Estate Planning team are expert Estate Planning Lawyers who specialise in updating Wills to reflect your intentions and have expertise in Will Disputes, knowing how to ensure your beneficiaries are able to receive what they deserve, without the expense of litigation.
More Information
If you wish to obtain further information, advice or assistance in updating your Will, please contact one of our Will Lawyers in our Estate Planning team at Matthews Folbigg on 9635 7966, email us at estates@matthewsfolbigg.com.au or through the website www.matthewsfolbigg.com.au
DISCLAIMER: This article is provided to readers for their general information and on a complimentary basis. It contains a brief summary only and should not be relied upon or used as a definitive or complete statement of the relevant law. Liability limited by a scheme approved under Professional Standards Legislation.
