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Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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My dad died a couple of weeks ago and I am keen to get the

Customer Question

My dad died a couple of weeks ago and I am keen to get the house inheritance sorted. The house was his sole residence..he built it back in early sixties and we have lived in it ever since. My sister and I still live in it now and it is our main residence. We have no other property in our name. Two questions..is some duty payable and where do we start? Thanks for your time.


ps the will is quite simple ..all assets come to both of us. My sister though would prefer not to have the house in her name. There will be no contesting of will.

Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.
Good Morning

Thank you for your question. To Introduce myself I am a sydney based Solicitor and will do my best to provide you with relevant information to assist you.

Sorry to hear about your loss.

Did he leave a will and in his will did he leave the house to both of you?

Are you prepared to give the house to her?

Customer: replied 1 year ago.

hi There,


in the will he left us both everything including house. I am not sure about your second question. In my first message I mentioned that she does not want the house in her name. is that a possibility I even though the will names us both as beneficiaries.

Expert:  Leon replied 1 year ago.
Good Afternoon

I meant is she prepared to give you the house and are you able to pay her for her share?

What is the reason that she does not want to be named as an owner?
Customer: replied 1 year ago.

she feels that her paltry centre link payments may be affected by her part ownership f the house. she is looking into it. Whatever the case, she won't be expecting me to pay her out.


Is duty payable?


 

Expert:  Leon replied 1 year ago.
Good Afternoon

The is no duty for the transfer from your father to you and your sister but the transfer from her to you is dutiable.

The only way she can avoid that is to have the court amend the will where she enters into a Deed of Family Arrangement and she says that her share shouod be yours as your father wanted this.

Once this is approved by the court there is no duty.

This still may impact on her pension as she is disposing of an asset and Centrelink will take that into consideration.


Is there anything else I can assist you with?
Customer: replied 1 year ago.

it seems that it could get a little complicated if she does not want her share.


Back to my first question..where do I start? dad has the will in a safe box at the bank, but I am not able to get to it. If we are executors how do we go about requesting the contents of the box?

Expert:  Leon replied 1 year ago.
Good Morning

You need to go to the bank with a copy of his death certificate and they should release the will to you and your sister.

You are the next ok kin.

They will release it to you.

I hope this is of assistance.

Customer: replied 1 year ago.


HIya, I am still following up on your suggestions...one more question.


Are wills registered with a particular government office once they are drawn up? If so, is it possible for me to retieve from this office/body if I supply a death certificate?


Thanks so much


Doriana

Expert:  Leon replied 1 year ago.
Good Afternoon

In Australia Wills are nor registered.

Only contacting Solicitors and possibly the public Trustee if he has a will dont fro free by them.


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Deborah Awyzio
Deborah Awyzio
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Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience