My Dad Got Given His Neighbour's House

poboy on 08/06/2018 - 11:49

Hi,

My Dad has been living next to an elderly neighbour for decades. Over this time, my Dad was giving him near daily assistance with daily tasks. About a week ago, his neighbour passed away and (unexpectedly) bequeathed his house to my Dad. As my Dad is poor, this is life changing.

As with all families, there are family troubles - so seeking some indicative advice before we hone in on a legal avenue.

  1. Can anyone request to look up the neighbour's will? I have a feeling my family members may want to know if my Dad got anything. If possible, I don't want them to find out. The neighbour doesn't appear to have any family remaining.

  2. Could the neighbour's house be transferred in such a way to mask my Dad as being the owner?

Thanks for your help

General Discussion

Comments

    • HighAndDry on 08/06/2018 - 12:00
      +14

      Really? First thing to come to mind when hearing "family troubles" is that there are deadbeats around who'll demand a handout.

  • Nugs on 08/06/2018 - 12:00

    you move in and say you bought it?

    • hogwarts on 08/06/2018 - 12:44
      +1

      Well people could be looking on Allhomes and seeing sale dates ect.

  • HighAndDry on 08/06/2018 - 12:00
    +14

    This is solidly in "talk to a lawyer" territory. If for nothing else, to make sure that the house is transferred properly.

    To answer your questions:

    1. What State? Generally yes, if they know what to look for and where to look for it. Can't be helped unfortunately.

    2. Yes, talk to a lawyer - both for how, and for if it's a practical option because there are always drawbacks, etc.

    But talk to a lawyer first before doing anything, and have them talk to the lawyers for the executors of the neighbour's estate.

    • poboy on 08/06/2018 - 12:17
      +1

      Thanks. In Vic.

      • HighAndDry on 08/06/2018 - 12:24
        +3

        https://www.supremecourt.vic.gov.au/forms-fees-and-services/…

        Once the Court has granted probate or administration, copies of grants, wills and other records can be requested on payment of the appropriate fee. Records are only available if a grant has been issued. You can search for the existence of a record on the Application, Caveat and Wills Indices (External link) for grants made after 1970.

        Yeah, these things are usually a matter of public record. Most people won't know how to look for it though, especially if it's just a neighbour and not a relative. Don't know about the family situation and how much the other family members might know though.

  • QW3RTY on 08/06/2018 - 12:01
    +1

    This sounds like something you should obtain proper legal advise with.

    You could explore options of setting up a trust and having your father transfer ownership of the property to the trust.

    With regards to accessing a will, I found this information. Relevant for NSW.

    Section 54 of the Succession Act 2006 provides that the person, who has possession or control of the Will of a deceased person must allow certain people to inspect it, or be given copies of it, at the expense of the requesting person.

    The people who are entitled to view and/or obtain a copy of the Will under s 54 are:

    • a person named in the latest will;
    • a person named as a beneficiary in an earlier will;
    • the surviving spouse, de facto or issue (child, grandchild etc) of the deceased person;
    • a parent or guardian of the deceased person;
    • a person who would be entitled under intestacy (if the deceased person had no Will);
    • any parent or guardian of a minor named in the will or entitled under intestacy;
    • any person (including a creditor) who may have a claim against the estate of the deceased;
    • the manager of the person's estate immediately prior to their death, appointed under the NSW Trustee and Guardian Act 2009; or
    • any attorney under an enduring power of attorney made by the deceased person.
    • HighAndDry on 08/06/2018 - 12:07
      +2

      *advice

    • poboy on 08/06/2018 - 12:21

      Thanks. I just saw a similar version for Victoria. That will put his mind at ease.

      • HighAndDry on 08/06/2018 - 12:26
        +2

        That's for all wills. Once a will is lodged and probate granted, it becomes basically public record.

        Also, for the love of all that's sacred, please talk to a solicitor. Wills and Estates are complex. Trusts are even more so. When there's a property on the line - so at least hundreds of thousands of dollars - a thousand or so to a lawyer will be worth every cent.

  • tsunamisurfer on 08/06/2018 - 12:06
    +5

    The cynical side of me (representing 99.65%) thinks OP doesn't want siblings to know about house so that he can have house when 'the time comes'.

    • poboy on 08/06/2018 - 12:19

      Ha. Haven't thought of that one. Nah - his children will know - just not the other in laws if possible.

  • djkelly69 on 08/06/2018 - 12:06

    Generally only those with a reasonable expectation of receiving under the will are entitled to a copy of it. Assuming there is no reason any other members of your family would expect to receive anything from the neighbour, then they are not entitled to a copy.

  • leznix on 08/06/2018 - 12:29
    +22

    Good deeds and kind heart get rewarded.

    Good for you, OP's dad.

  • Viospeed on 08/06/2018 - 12:42
    +5

    I wonder how many people will come out of the woodworks wanting their cut.

  • hogwarts on 08/06/2018 - 12:45
    +12

    What a great gesture by your dad to help the neighbour even he wasn't in the best position himself. Great to hear he got something in return without asking for it. Good for him.

  • try2bhelpful on 08/06/2018 - 13:22

    You also need to make sure it is a clear title with no encumbrances like loans against it etc. as others have said see a solicitor and see if there might be relatives who might claim. Just because they weren’t around doesn’t mean they aren’t out there. Nice to see good deeds being rewarded but there may have been a reason the family wasn’t around.

  • [Deactivated] on 08/06/2018 - 13:43
    +2

    I feel like some of that should be taxed by the government and shared amongst the community that needs it.

    Is what family and friends would say to get in on some of that inheritence action.

    It is always "share this" and "share that" as long is at someone else's expense.

    • HighAndDry on 08/06/2018 - 13:53
      +2

      Pretty common theme really - people always like to tell others what to do or how their money should be spent, or who should be helped…. so long as it's not their money on the line.

  • Melb69 on 08/06/2018 - 15:23

    I like to hear these stories as it reminds me that some ppl do appreciate the help of others. It was nice of your neighbour to pass on the house.

    In my opinion I would sell the house and just get the sale put into his account. Making sure he updates his will to bequeth to whoever he feels ot should go to when ge passes away. Oh and he should go on a holiday.

    You must be the nice son.

  • Illian on 08/06/2018 - 15:27

    Sure talk to a lawyer about masking ownership etc, then if that works out sweet. But how is he going to hide the newly built massive deck connecting the two houses, I mean each side of his house? Seriously though, if he can sell it as quickly as possible he won't have to worry about his name coming up as the owner, and he doesn't have to tell anyone about the money.

  • markathome on 08/06/2018 - 17:49

    I have no legal expertise but have always resented not being able to give bad legal advice.

    Can anyone request to look up the neighbour's will? I have a feeling my family members may want to know if my Dad got anything. If possible, I don't want them to find out. The neighbour doesn't appear to have any family remaining.

    Wills typically aren't publicly available but there is little reason why they wouldn't be disclosed in legal proceedings. The will has probably already been witnessed twice and there's no obligation on the witnesses or executor to keep any part of the will secret.

    Could the neighbour's house be transferred in such a way to mask my Dad as being the owner?

    You could through a trust or corporation but the complexity and tax considerations would make this a costly choice that could be quite burdensome in the future. Especially if your Dad wanted to live in the place one day.

    Tell your Dad to take the house and not tell anyone about it. Almost certainly the reason your relatives find out about it is you or your Dad telling them or not lying effectively. No sane person outside of an investigative journalist or tax official spends their time proactively searching land databases, corporate registers and matching up the results to determine beneficial owners. In fact, all available evidence is, not even tax officials spend their time doing that.

  • shaybisc on 09/06/2018 - 10:38
    -4

    This all sounds very odd. The will will be contested: you can put your house on that.

    WTF are you asking advice here for? Jeepers creepers- get a grip, man.

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