Dural and Districs business chamber

Property & Wills

Property & You – By Paul McKenzie, ABS Conveyancing

Australians should have the common sense to have a Will in place, especially when they have property and mortgage. 

Australians are reluctant to make a Will, Aussie attitude, “She be right Mate, the family will get the house”, raises its ugly head, now a dangerous one. 

First of all, it must be prepared, signed and executed by a lawyer, acting for you. In a Queensland case in 2013, John William Panigas (deceased) [2013] QSC 172), ruled the Australia Post Do It Yourself Will, was invalid for Wills Probate, as it was not prepared, signed and executed by a lawyer.

Secondly, a very sad case, Stevens V Bank West QSC 2018, Stephanie Stevens’s husband Ryan, before he died, owned the family home by himself, as a sole owner, with a mortgage (Bank West) and sadly, no Will in place. They were a young couple, Stephanie pregnant with their first child.

Then, suddenly, a motorbike accident involving Ryan who died changed many things. Bank West took the mortgagee in possession and sold the property from them. The poor wife/widow pleaded, then took the bank to court and lost, as there was no will in place, nor Stephanie a part-owner.

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