Category «Deceased Estates»

Treatment of Pre 1985 properties when inherited.

Question Hi. My mother (93) recently passed. She and my father jointly purchased a rental property in about 1970. Dad passed in 1993 and therefore his share of the property passed to my mother. The property was not listed on his Grant of Probate (I would think this is because it was a joint tenancy). …

Problems when your executor is a non resident

Question I am UK born in Australia, recently divorced with 2 children aged 11 and 9. Children and Ex born in Australia. I am trying to write my will in case of my death so the children are provided for throughout childhood and have a start up nest egg going into their adult life I …

Main Residence and Testamentary Trust

Question My husband and I are updating our wills as both our Adult daughters are no longer dependents. We don’t want to create any unnecessary CGT issues for our children after we pass in relation to testamentary trusts. Our main assets are properties (our PPOR est Value $7M and 5 investment properties approx $5M net). …

Selling Property in SMSF After Member Dies

Question My Dad is the only member in the SMSF. He and I are the trustees. I have his power of attorney and I am the executor under his will. He is 87, and is declining. The SMSF has a real property asset worth circa $3M. Dad has put in place a non-lapsing BDBN, directing …


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