How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Leon Your Own Question
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 42629
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
12124641
Type Your Australia Law Question Here...
Leon is online now
A new question is answered every 9 seconds

My husband passed away early this month. His wishes were to

Customer Question

My husband passed away early this month. His wishes were to have an investment distributed to his beneficiaries but was too sick to sign the necessary documents. My question is that we are TENANTS IN COMMON and can probate be granted prior to our home being sold which may be many years in the future. So it is possible to have the funds distributed to beneficiaries as was his wish in his will.
Judith Dobson
Submitted: 6 days ago.
Category: Australia Law
Expert:  Knowitalll replied 6 days ago.

You say that the investment is held as tenants in common. And you mentioned something about granting probate before your home is sold the future. I don't understand the connection. Also, are the beneficiaries who are named in the will completely different from the beneficiaries who he wanted to receive the investment?

Expert:  Leon replied 6 days ago.

Good Afternoon

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand I am very limited on what I can tell you and that you may have to get more detailed advice.

I am sorry to hear about your loss.

Probate has to be granted because unless it is noone can sign any transfer on his behalf. Once Probate is granted his share of the house can be put in the executors name and they can then sign and sell the house.

If his will says the house is to be distributed as well;l, the beneficiaries will be noted as the owners of his share with you as tenant in common.

You have to be granted probate before you can distribute the estate.

I hope this makes sense and is of assistance. If there is nothing further

thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards

Leon

Expert:  Leon replied 5 days ago.

Good Morning.

Just checking to see if there is anything else I can assist you with? If not than you for using my services and take care

Regards

Leon