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kmslaw, Solicitor
Category: Australia Law
Satisfied Customers: 210
Experience:  I have 15 years legal experience behind me and I graduated from the University of Sydney with First Class Honours in Arts/Law.
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My husband died in January of 2015. I am the executor of s

Customer Question

My husband died in January of 2015. I am the executor of his will. We have two investment properties and we own our family home with an investment loan against this.
I have been advised to transfer all the investment property titles into my name. As I don't want to sell the investment properties at this time doing the transfer may cause the banks to refinance. My question is, how long do I have to follow the executing of the will. I reside in WA
Submitted: 2 years ago.
Category: Australia Law
Customer: replied 2 years ago.
I am the only beneficiary of his will.
Expert:  kmslaw replied 2 years ago.

Hello my name is ***** ***** I am a NSW solicitor who is going to help you with your inquiry today.

You have to execute the wishes of the deceased as expressed in the Will. Once this has been done, you have no further duty under the Will. I'm not sure how the investment properties information you have supplied relates to the ultimate question you asked. Do you think you could clarify this for me?

Customer: replied 2 years ago.
The investment properties are jointly in my husband and my name. I have been advised to transfer the properties into my name but this will cause a refinance of the loans. This will then cause me to sell them. Currently the banks are happy to have them sitting the way the structure is. My question is how long do I legally have in WA to transfer the assets into the Estate
Customer: replied 2 years ago.
to transfer the properties into the Estate, I have to take my husbands name off the title. This will cause a refinance.
Expert:  kmslaw replied 2 years ago.

You have 2 months from the date of death to either get the probate or renounce probate in the will before someone else can legally apply for letters of administration. You also have 6 months from the date of death within which time anyone can lodge a family provision claim which would dislodge your right to the estate. So my suggestion is that you administer the wishes under the will quickly as if you don't get the probate you will lose the right to deal with the estate and if you don't finalise it quickly then someone may quickly lodge a claim. Best if you do it all within 6 months, whilst there is no real deadline, as this will best protect your interests. Has that helped you today?