Australia Law

Have Australian law questions? Ask a lawyer now.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

My mother has passed away and I am now a beneficiary to her…

My mother has passed...

My mother has passed away and I am now a beneficiary to her will. I am however under bankruptcy and want to know if I can disclaim my inheritance. Can this be done?

Lawyer's Assistant: Since estate law varies from place to place, can you tell me what state this is in?

New South Wales

Lawyer's Assistant: Has anything been filed or reported?

Not yet.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

My mother has property that is yet to be sold. I have four other siblings who all are aware of my bankruptcy and understand my wish to decline my inheritance.

Show More
Show Less
Ask Your Own Australia Law Question
Answered in 5 minutes by:
1/23/2018
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,500
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified

Hi, I am Leon, a NSW Solicitor. I will be assisting you with your question today. I may ask a few questions. I can call you for an extra fee.

Ask Your Own Australia Law Question
Customer reply replied 4 months ago
Can you please tell me how much it would cost for you to call me?

Good Evening

I am sorry to hear about your loss.

You can do it but you will need to get a court order.

Probate will have to be applied for and with the probate you will have to file a detailed affidavit renouncing your right to receive any of the assets.

Your siblings will have the right to recieve the assets but yoi have to be aware if they recieve and later refuse to give it to you there is nothing you can do.

The call will be $82.00

Ask Your Own Australia Law Question
Customer reply replied 4 months ago
Thank you for your time, however I am unable to pay that much at this time.
My mothers will says that if a beneficiary passes away the benefit will then go to their children. Would this then be the case if I decline my benefit. I hate the thought that my mothers money would go to covering my bankruptcy. I would prefer it to be forwarded to my two children so they can put it on their respective morgages...
Customer reply replied 4 months ago
Are you still there Leon?

Good Evening

I am happy to continue here.

If you decline your benefit, because you are surviving your mother then your gift would go to your siblings.

They also have the right to challenge the will.

You cannot choose who receives the gift. As the will says your children recieve the gift if you are not alive at the time of your mothers passing, they do not receive the gift when you renounce.

Not knowing your financial position, I cannot advise you. But when I have clients in this situation I try and negotiate with the trustee to see if they will accept a less amount and pay as a lump sum.

If this is agreed then the bankruptcy is over and the client can inherit.

You have to speak to your accountant about this and get their opinion.

But this is another alternative.

If you have any further questions please do not hesitate to ask. If you wish a call we can arrange that as well.

I hope this makes sense and is of assistance. If you have found my answer to be helpful, please rate me five stars so I can get paid for my services to you. I am happy for you to ask further questions on anything you wish more detail on.

Regards

Leon

Ask Your Own Australia Law Question
Customer reply replied 4 months ago
Thankl you so much Leon. You have been very helpful.It is a difficult time at the moment and the passing of my mother was unexpected. I know she would have been happy to alter her will so not to see it lost to my creditors etc. I feel guilty for my financial position and did not disclose it to her prior to her passing.Thank you again.
Leeanne.

Good Evening

I can imagine. These times are very difficult for all and you are also burdened with your financial difficulties which cannot be easy

If you have other questions please feel free to ask.

Please rate my work 5 stars so I can be paid for my work

Regards

Leon

Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,500
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified
Leon and 87 other Australia Law Specialists are ready to help you
Ask your own question now
Customer reply replied 4 months ago
Thank you.

All the best and thank you for your rating.

It is always appreciated.

Regards

Leon

Ask Your Own Australia Law Question
Was this answer helpful?
Ask Leon Your Own Question
Leon
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,500
46,500 Satisfied Customers
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

Leon is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Deborah Awyzio

Deborah Awyzio

Solicitor

863 satisfied customers

Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience

Sean

Sean

Experienced lawyer

855 satisfied customers

Law degree with 1st class honours from Australian National University.

James G.

James G.

Lawyer

17 satisfied customers

Australian Legal Practitioner

Darren Kruse

Darren Kruse

Solicitor

16 satisfied customers

Practising in in Personal Injury, Workcover, Civil Disputes, Family, Wills and Estates and Criminal law.

Leon

Leon

Solicitor

46,500 satisfied customers

BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

Daniel

Daniel

Solicitor

5,833 satisfied customers

Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court

James D. Ford

James D. Ford

Solicitor

1,600 satisfied customers

Consulting Principal at Nexus Law Group

< Previous | Next >

Related Australia Law Questions
I work with ecs international securities and investigation
i work with ecs international securities and investigation from july 2017 to march 2018 they take both abn and tfn they signed some doc from me as independent contractor but they issue me roaster for … read more
John Melis
John Melis
Diploma In Law
2,799 satisfied customers
My child is overseas with her dad. both are Australian
my child is overseas with her dad. both are Australian citizens. They have permanent residency status ( OCI) in India .My daughter is studying InDIA IN BOARDING.My husband does not want to come back t… read more
John Melis
John Melis
Diploma In Law
2,799 satisfied customers
I have been separated for 5 years in same house an
I have been separated for 5 years in same house an organisation know as SAHSSI (they help in domestic violence situations, mine is a mental and emotional control) is helping me to move out with my 2 c… read more
John Melis
John Melis
Diploma In Law
2,799 satisfied customers
My husband and I wish to travel to Phuket in dec 2018 before
my husband and I wish to travel to Phuket in dec 2018 before our passports expire in 2020. due to our ages we do not plan to get new passports or travel overseas again. My husband was charged four yea… read more
John Melis
John Melis
Diploma In Law
2,799 satisfied customers
My husband and i are separating and i have had Andersons
My husband and i are separating and i have had Andersons Lawyers draw up a financial agreement but my husband has been to two lawyers who will not help him because it looks like a bad deal for him. He… read more
John Melis
John Melis
Diploma In Law
2,799 satisfied customers
My father is a deaf, legally blind 86 year old pensioner
My father is a deaf, legally blind 86 year old pensioner with the onset of dementia. He lives in a nursing home which takes 85% of his pension for his accommodation. He has no assets at all. … read more
Leon
Leon
Solicitor
46,500 satisfied customers
Have been reported to nurses board by midwifery educator for
Have been reported to nurses board by midwifery educator for poor clinical practice & mental health. I have IME mental health clearance & she isn't a mental health nurse. Can I refuse to have her asse… read more
Daniel
Daniel
Solicitor
Bachelor's Degree / Graduate Diploma
5,833 satisfied customers
In 2012 we got a home loan for 30 years with the ANZ bank
In 2012 we got a home loan for 30 years with the ANZ bank inour joint names. … read more
John Melis
John Melis
Diploma In Law
2,799 satisfied customers
Can you appeal a conviction because the prosicution notice
Can you appeal a conviction because the prosicution notice wasnt signed? … read more
Daniel
Daniel
Solicitor
Bachelor's Degree / Graduate Diploma
5,833 satisfied customers
My son made a witness statement in an assault and now does
My son made a witness statement in an assault and now does not wish to be a witness or have any involvement. how does he withdraw his statement … read more
John Melis
John Melis
Diploma In Law
2,799 satisfied customers
Today i was banned from westfield hornsby my daughter steal
today i was banned from westfield hornsby my daughter steal some stuff … read more
John Melis
John Melis
Diploma In Law
2,799 satisfied customers
Iam transfering my share of a property to my spouse do i
Hi Iam transfering my share of a property to my spouse do i have to enlist a Lawer to witness my signature on the documents … read more
Leon
Leon
Solicitor
46,500 satisfied customers
I need legal aid regarding traffic offence in Victoria. Am
I need legal aid regarding traffic offence in Victoria. Am on disability pension. Further details available on recognition of the above.… read more
John Melis
John Melis
Diploma In Law
2,799 satisfied customers
Ho can I get Final Property Court Orders completed.
Ho can I get Final Property Court Orders completed. … read more
John Melis
John Melis
Diploma In Law
2,799 satisfied customers
Could I ask a question regarding tenant claiming
Could I ask a question regarding tenant claiming compensation from landlord due to landlord requesting variation to lease. 3 months into a 12 month contract they have asked me to move out in 90 days a… read more
Leon
Leon
Solicitor
46,500 satisfied customers
I have money invested in an online trading company Utrader.
Hi pearl my name is***** have money invested in an online trading company Utrader. I am trying to close my account, every time I have tried this I have changed to a different representative that has e… read more
John Melis
John Melis
Diploma In Law
2,799 satisfied customers
I have been in Tasmania for 6 months. I bought a car in
Hello I have been in Tasmania for 6 months. I bought a car in Tasmania and it is registered in my name. I also have a temporary apartment here. However I never got my license changed over. A police of… read more
John Melis
John Melis
Diploma In Law
2,799 satisfied customers
I've got contact with my 17 year old daughter who is in
I've got contact with my 17 year old daughter who is in state care wefare are not helping her she wants my help how do I fight welfare … read more
Leon
Leon
Solicitor
46,500 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x