Joint Tenancy Property Rights

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Summary

In Victoria, property held as Joint Tenancy automatically passes to the surviving owner upon one owners death, bypassing the will. Children can contest a will under the Inheritance (Family Provision) Act if they believe they havent received adequate provision, but this is less likely to succeed in joint tenancy cases. Eligible persons to contest include spouse, children, grandchild, and registered caring partner. The property transfer in joint tenancy is seamless and doesnt require legal proceedings.

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its joint tenancy
In Victoria, if a property is held as 'Joint Tenancy', upon the death of one owner, the property automatically passes to the surviving owner, regardless of any will. Therefore, children cannot claim half of their father's share in this scenario.
so why ive heard that kids can still contest for it
Children can contest a will under the Inheritance (Family Provision) Act if they believe they haven't received an adequate provision for proper maintenance and support. However, in joint tenancy, it's less likely due to direct property transfer to the surviving tenant.
so if they joint tenancy its less likely to contest because they say they are not recieved enough adequate right
Yes, that's correct. In joint tenancy, the property automatically passes to the surviving tenant, regardless of the will. Therefore, it's less likely for children to successfully contest under the Inheritance (Family Provision) Act.
so tell me more about that under inheritance family provision
The Inheritance (Family Provision) Act allows certain family members to contest a will if they believe they haven't received adequate provision. In Victoria, eligible persons include:
- Spouse or domestic partner
- Child (of any age)
- Grandchild
- Registered caring partner
The court considers several factors when determining provision adequacy.
so if my mom jount house with him and he passes away the house cant not be contest by his children right. My mom still kept a letter from the dr that treated my stepdad cancer 17 years ago, asking her to come to australia urgently to take care of him. She looked after him very much for the past 17 years now his kids are trying to claim his part of share from her if he passes away
If the house is held as 'Joint Tenancy', it should automatically pass to your mother upon your stepfather's death, regardless of any will. His children would have a difficult time contesting this under the Inheritance (Family Provision) Act in Victoria.
tell me details
Here are the key points:
- In Victoria, under 'Joint Tenancy', a property automatically goes to surviving owner upon death.
- Children can, however, contest a will under the Inheritance (Family Provision) Act.
- In a joint tenancy scenario, a contest is less likely to succeed.
- Eligible persons to contest include spouse, children, grandchild, registered caring partner.
the children started to take over my moms caring for him recently and trying to push her out when they know hes dying
This sounds like a distressing situation. It's important to know if the children's actions are causing any legal issues, like changes to the will or property title. Could you provide more details?
tell me more about in a joint tenanxy scenerio
In a 'Joint Tenancy' scenario:
- Ownership is equal among the tenants.
- If one tenant dies, the property automatically passes to the remaining tenant(s).
- The property isn't part of the deceased's estate.
- The surviving tenant cannot be easily dispossessed by will contests.
more detail
In a Joint Tenancy:
- All owners have equal rights to the property.
- The 'Right of Survivorship' applies, meaning the property automatically transfers to the surviving owner(s).
- The property doesn't become part of the deceased's estate.
- It's hard for anyone to contest the property's ownership after one owner's death.
- The property transfer is usually seamless and doesn't require legal proceedings.
ok then
It seems like you have understood the concept. If you have any more questions about joint tenancy or anything else, feel free to ask. We're here to help!