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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 42669
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I and my wife (residents of Western Australia) are joint owners

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I and my wife (residents of Western Australia) are joint owners in home, shares, Bank account, contents. I also have life insurance inside super (trustee is my wife's super). I dont want to give my share of property to my step son as he inherits estate of his father. I have 2 questions: (1) How can i sever my joint tenancy with my wife so that i can Will my share to my biological children; and (2) In such a case, can my step son challange my Will? Pl provide legislative reference.
Submitted: 7 years ago.
Category: Australia Law
Expert:  Leon replied 7 years ago.
HiCustomer
yes you can sever the tenancy.
You simply have to lodge a transfer changing the tenancy from joint tenants to tenants in common in equal shares with the lands registry in WA. There is no stamp duty payable. If you have a mortgagee they have to produce the Title Deed for you to lodge the Transfer.
He cant challenge your will unless he is dependant on you. Step children are not generally a class of people that can apply. Biological and adopted children are
here is some information about contesting wills in WA
http://www.legalaid.wa.gov.au/InfoAboutLaw/aspx/default.aspx?Page=Wills%5CChallenging.xml
I hope this is of assistance and if so please click on the accept button

Customer: replied 7 years ago.

Under which law can i sever the tenancy? Can you please provide a legislative reference.

Expert:  Leon replied 7 years ago.
HiCustomer
the relevant act is
Transfer of Land Act 1893 (WA)
I hope this is of assistance and if so please click on the accept button
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