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Patrick H.
Patrick H., Lawyer
Category: Australia Law
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Experience:  Dip Law LPAB - Sydney based lawyer
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I have been married for almost 9 years.My wife has family properties

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I have been married for almost 9 years.My wife has family properties covered by a family trust which was in place prior to our marriage. when drawing up my will am I entitled to claim any part of that property trust to be included in my will.
Hello and thank you for your question.

The short answer is no, your will can only dispose of your assets and not your wife's.

It is only if you receive assets from her whilst she is alive, or inherit property from your wife before you die, that any assets which are currently your wife's would pass under your will.

Even then, assets held in a family trust are are not your wife's assets even if she is a beneficiary, and generally pass in accordance with the rules of the trust and not the will of a deceased beneficiary.

If you have a follow up question I will be happy to assist you further, otherwise I trust the above assists your understanding.

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Thank you and good luck.

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