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Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44889
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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My father passed away on 5th November 2015 without a will.

Customer Question

My father passed away on 5th November 2015 without a will. He left a family home in VN without a will. I was told my Mum and 10 children automatically inherited it. 6 of us and my mum would like to renunciate (disclaim it)!so the remaing 3 families in VN can receive the compensation to the house which was demolished for 5 m from the front due to development of new roads. Is it still legal to do so, and how much is the cost ?
Submitted: 1 year ago.
Category: Australia Law
Expert:  insearchoftheanswer replied 1 year ago.

Hi! My name is Richard & I will be helping you today! It will take me a few minutes to type a response to your question. Thanks for your patience!

Expert:  insearchoftheanswer replied 1 year ago.

I'm so sorry...I just realized you are located in Australia. Since I'm a U.S. lawyer, I'll have to opt out so an Australia expert can hopefully timely provide you the information you seek. Please do not respond to this post as it will only slow the process of such an expert picking up your question. Take care.

Expert:  Leon replied 1 year ago.

Good Morning.

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 this is not legal advise but a guide to assist you.

If he inheritance has been completed then there is nothing that can be done.

You should have all been advised of the application by the person that was applying for letters of administration.

If the estate has not been distributed then all parties can enter into a Deed of Family Arrangement but you will all need to have your own Solicitors and get independent advice. This would have to go before the court for approval and there may be Stamp duty Payable.

If the orders of the court have been finalised and you are all owners your only option now is to transfer your shares which would be a sale.

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.

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Customer: replied 1 year ago.
I read on internet that we can write a letter to disclaim our own portion. Could you send me a form for that letter ? Can we still lodge a disclaim in Australia now ? Where and which Government Department can I send this letter to ?
Customer: replied 1 year ago.
My family lives in Melbourne.
Expert:  Leon replied 1 year ago.

Good Afternoon

No you cant. It has to be lodged with the court and the court to approve it.

If the assets have already been transferred to you all it is too late to disclaim.

If you are all registered as owners it now becomes a sale

Customer: replied 1 year ago.
We're not registered as owners. The owners are my father and 2 brothers and 2 sisters. One of my brothers who is the owner of the house died in 2011 without a will. My dad died on 5 November 2015 without a will. There was nothing transfered to us, and we're not owners of the house in VN on paper, but we were asked by the living owners of the house to sign 'power of attorney' to allow them to receive the compensation money for the house resulting from the road development , and possibily they will need to seĺl the house in a near future. Are we liable for tax in Australia if we sign the 'power of attorney' letter ? We're not owners of the house and received no legal documents of transfer of ownership, or sign any document that we're the beneficiaries. We don't receive any money either. But the question is are we liable to Tax office in Australia if we sign the letter 'power of attorney' sent to us from Vietnam.
Expert:  Leon replied 1 year ago.

Good Afternoon.

The deceased owners your brother and father are they still owners?

There is capital gains tax if the house is sold more than 2 years after the death of the owners.

But the issue is, if they have not had letters of administration undertaken in the court the house cannot be sold.