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Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44178
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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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: 7 months ago.
Category: Australia Law
Expert:  Knowitalll replied 7 months 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 7 months 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.



Expert:  Leon replied 7 months 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