Legal Question in Wills and Trusts in Australia
Inheritance
My husband wrote a will in 1997 and left his 2 children $20,000 each He was
the director of our company when he died on the 21st Dec 2003 and I have
our family home in my name. Do I have to give his children the $40,000 or
can I simply say that the assets are in the company name now. He had
nothing in his name when he died.
Asked on 4/04/04, 10:41 pm
1 Answer from Attorneys
Tim Wishart
McMahons National lawyers
Re: Inheritance
Your husband's will can only deal with what he owned at the date of his death - if he owned nothing (things in joint names don't count) then there is nothing to give.
Be aware that he probably owned a share in the company - that may have some value.
Without seeing the will and knowing more about his estate it is not possible to be more specific.
Answered on 4/04/04, 10:55 pm
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