QuoteReplyTopic: No Will to inherit Posted: 08/August/2012 at 08:31
My husband and are Joint Tenants of a property in Queensland, which is our principle place of residence. We have both agreed that my daughter will inherit the property on our demise. Should my husband pass away before me my Will would simply make my daughter the beneficiary. However, should my husband survive me there is a possibility that his Will (which currently names my daughter as beneficiary) can be changed later, e.g., leaving the property to Pet Rescue or something or remarrying. He’s 78. My question is: Can we enter into a binding agreement whereas my daughter can inherit? We have considered adding her name to the Title as Joint Tenant but want to avoid the Transfer Duty at this time.
Thank you for your great forum.
No, you cannot bind a person to not change their will. However there are other ways that you could achieve your aims. One it to make your daughter also a joint tenant in the property. Your solicitor may be able to assist you with other alternatives.
I am NOT a lawyer. Anything said is NOT legal advice.
Please post your legal questions in a forum rather than sending a PM. Thanks.
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