Legal Question in Wills and Trusts in Australia
wills
my brother left a hand written will stating that all his personal belongings go to his defacto - he leaves his daughter and defacto as beneficiaries - the defacto does not want to contribute to his funeral expenses - My brother has a death benefit - does this get divided equally between the two beneficiaries befor or after the funeral expenses are settled
Asked on 5/10/07, 4:58 am
1 Answer from Attorneys
Simon Laurent
LaurentLaw Barristers & Solicitors
Re: wills
This will depend on the wording of the will. However, it is usually expected that death expenses are taken from the assets of the estate first, and the remainder is then divided among the beneficiaries.
You are advised to arrange for paid legal advice to deal with this, especially where the Will may be of an informal nature.
Answered on 5/10/07, 5:14 pm