Bequest of Houses

Another case was handed down involving the bequest of a house where the house had been sold prior to the testator’s death.

Usually, the gift simply fails, because the testator is assumed to realise the implications, but in this case, the owner was legally incapacitated and an administrator had been appointed to manage his affairs. 

The house had to be sold to get a place in a high care facility.  Because the house was not sold by the owner, the proceeds of the sale were held on trust for the intended beneficiaries of the house.

Other cases have not worked out so well for the intended beneficiaries, so it is best not to make specific bequests of your house. 

You certainly should not specify the house by address, and instead should have something like “the house that was my last residence prior to my death”, in case you end up in a nursing home, or “all my interest in place at which I reside as at the date of my death” to cover a refundable bond held by a nursing home, or a mixture of the two.

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Chat:
(08) 9443 5383
Correspond:
legaladvice@patersons.com.au
Coffee:
4/88 Walters Drive
Osborne Park
Western Australia 6017
Complete:
the form below…

Please provide your details...