Legal Question in Wills and Trusts in Australia
Our mother died leaving the house to 3 daughters. If one of the daughters is living in the house can she claim it as her own after a certain time if the will has not gone to probate.
Asked on 1/22/10, 4:58 pm
1 Answer from Attorneys
Dean Love
Dean R. Love & Associates
If there is a Will, then this will determine who is entitled to share in the Estate. If it was not gifted to her under the Will - then no.
However, if there is no Will (or if the Will is challenged in Court), then any of the surviving relatives may apply to administer the Estate (including the daughter), and if the daughter applies successfully to administer the Estate - then yes.
Please contact us.
Dean R Love & Associates, 1800 723 101
Answered on 1/24/10, 7:24 pm
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