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Bad Will

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PoGo67 View Drop Down
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Joined: 10/June/2017
Location: Australia
Posts: 1
  Quote PoGo67 Quote  Post ReplyReply Direct Link To This Post Topic: Bad Will
    Posted: 10/June/2017 at 22:55
My wife's spinster aunt made a will in the early 1970s jut before her mother died. In that will she left all her estate to an animal charity.
She is a spinster and when her mother died approximately 6 weeks after making the will, the mother gave her a life tenancy in his house, but with certain conditions. However, to cut a long story short, wife's father has dies and when the aunt dies, the house she lives in (worth about $800K) needs to be sold and half goes to her and half to the father in law. As the father in law has dies, it goes to his estate, which is his wife.
The aunt's half ($400K) would go to the charity.
She has mentioned to my wife she wants her to be executor, but has nominated another executor in her 1970's will. The aunt was talking about updating her will, but she has not done it by the looks of it.

My question is whether we can legally sell the house for a peppercorn value to the family and then still comply with the will, but retain the family home in the family.

Thoughts?

citizen-joe View Drop Down
Senior Member
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Joined: 09/October/2005
Location: Australia
Posts: 517
  Quote citizen-joe Quote  Post ReplyReply Direct Link To This Post Posted: 11/June/2017 at 01:40
The written executor in the will is the executor that must apply, however if the testator was to change this nothing stopping them writing a new will or a codicil.

No you cannot sell the estate to a family member for a peppercorn, a lawyer in Queensland did that recently and has now moved to larger premises with three meals a day provided.

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