Legal Problem,who can find a loophole?

[andrewcraig]

Billy you have told enough people here in Pattaya about your mother.

You have claimed when your mother dies you are going to buy everything Monty owns

There is no need to write as if it is another person

Any will can be contested but they are hard to crack.

You who constantly use Aussie slang that few can understand, now find you don't understand my slang.
Well it means hard to break. Difficult to get changed. Got it W?

[Dboy]

The best way I know of to solve this is to transfer title on the assets you mention before death. For instance, the son could take title to the house and car with the understanding (preferably in writing) that the mother is to have full use of the assets until her death. If it's handled this way then none of the assets in question would go through probate (or whatever they call it in Australia) therefore cannot be contested through probate court. Cash can also be gifted (perhaps in exchange for a monthly payment to the mother to cover her expenses until death). Any remaining assets could then be put in a will...like a small cash payout so the others won't have much of anything left to fight over.


Dboy

[Aunty]

The thing is ,how can you have loophole or plan to stop the others in your family contesting the will and wanting a share?

The mother has stated in her will that the youngest son,(executorof will)get everything but this is no guarantee is it?



Bill it will all come down to what the law, and what the case law in Australia says about Wills and estates and what legal obligations under Australian law your mother has to provide for ALL her children in her Will. And this varies hugely from country to country, in the US there is no obligation as far as I can tell, whereas in New Zealand parents have 'a moral obligation' under the Family Protection Act to provide for 'the proper maintenance and support' of all their children, and that includes their adult children. Only an Australian solicitor can answer you questions under Australian law. If in the way that your mother's Will is written breaches her legal obligations to provide for your brothers and sisters, if indeed there is such an obligation under Australian law, then your brothers and sisters would have an absolute legal right to challenge your mother's Will, and there is nothing you can do to stop them exercising that right. The sad thing in these situations is that if a challenge does happen, almost all the money in the estate ends up going to the lawyers! Go see a solicitor and get advice from them, and see what if anything can be done to give you the whole house.

And this has what to do with Gay Thailand? Is he going to move here after she dies? http://i167.photobucket.com/albums/u152/GeorgeThai/shrugs.gif


G.

[Aunty]

The best way I know of to solve this is to transfer title on the assets you mention before death. For instance, the son could take title to the house and car with the understanding (preferably in writing) that the mother is to have full use of the assets until her death. If it's handled this way then none of the assets in question would go through probate (or whatever they call it in Australia


I wonder if this can be done?

It probably can be, but then you may have to pay tax (gift duties) on the value of the property that is transferred (gifted) to you. So check out any tax liability very carefully!

[Aunty]

Well we did check the myself buying of 50 % but there were some legal probs around this.

Well go back and see your lawyer then. One other thing you could look into would be (I'm assuming you have these in OZ) a Family Trust, that your mother could set up, transfer her property into that (but again tax will have to be paid presumably) and then make you and her the sole beneficiaries of the Trust as well as the sole Trustees.

get on the line to old ivan and get him to knock the old bird off, dump her wig and all in the belangalo state forrest, dress upin dame edna gear, flee the convict colony in a rowing boat to irian jaya, take a baht bus to pattaya and open up the 441st gay pub and don't forget to name it after your dead "mum". what other problems have you got to solve?

"late 30's" - who you trying to kid!

Hopefully the mother will come to her senses and divide the estate equally between all the children. If that doesn't happen maybe the other children will contest the will and tie it up in court for years.

[ned kelly-old]

Billy I am not a lawyer but have had some involvement in Australia.
For cost effectiveness and 95% sure of your intended outcome, what your mother has currently drafted is the best option.
Transfer of assets less than 5 years prior to death is fraught with tax hassles particularly if your mother has full or partial dependency on a government pension, which is tested for both assets and income.
Unless her other children have some form of current and on-going dependency(on your mother) it is unlikely that any claim for a share of the will would be successful. This is particularly so if your mother has in fact left them something (ie $200) as this overcomes another aspect that they have been completely forgotten.
The only other avenue would relate to a claim of mental incompetence, this is difficult to prove and is usually associated with last minute changes to a will, and again some form of dependency or provision of considerable unpaid assistance while infirm.
You can never be 100% sure, but based on the composition of the will it sounds as though your mother has had sound advice.
keep a solicitor involved, particularly if there is a need for a codicil or a new will.

Well I guess thats the outlook you have toward the rest of your family. Your outlook toward them is SCREW THEM big time.

[Lunchtime O'Booze]

contrary to boogeyman-wills are not difficult to 'crack' and wx40afp-rest assured that your siblings will definitely contest this will that you mesmerized your poor old althemiers ridden mum to sign..and they will be successful.

The rules regarding inheritance are very similar in the UK and Australia..believe me I have studied them.

A parent can write a child out of Will but that child most certainly will be able to contest the will and most probably get an equal share. The general rule is that a parent has a duty towards their children and what the parent thinks of their child ( or one particular one) is of no consequence-except perhaps if they had actually tried to murder their parent. That obligation exists in death and the parent's estate is not regarded as something to be used against their children. I'll say it again-under the law the parents have an obligation to all their children.

Once the argy bargy starts..a settlement is by far the best way to handle this but I can tell you now-lawyers will encourage the fight to go and on until they can siphon every penny they can,.

Being a sole executor doesn't give the person any particular rights except to administer the estate lawfully.

I'd advise you wx40afp that when the old bird croaks-prop her up in a rocking chair and pretend she's still alive for a few years and get as much free accommodation as you can..it worked for Norman Bates.

( my account is in the mail)

ps: whatever lawyer drew up that Will ( under Aus or UK law) needs a serious talking to..(that's if a lawyer did it)..every lawyer now would have advised against a will like that.

The only exception I can forsee is that all the other siblings are unbelievably rich-own properties and have no need of money -and that the one named in the will is destitute.

pps: forget about "transfering" the property into your name..if she kicks the bucket within 3 years it will mean nought...and the slightest hint of fraudulent action will bring dire penalties.

[dab69]

she feels rightfully sorry
for the runt of the litter

got a LEGAL problem
hire a L a w y e r,
not a message board

[rincondog]

Free legal advice on a message board is worth exactly what you paid for it. NOTHING

[Dboy]

Well theres no answer really,the only answer is for her to sign the house over now,but she wont do that.

Hmm, well then perhaps you can explore the "why" about that with her. Explain that she'll have full use of the property and it will be all done in writing. You could explain how much it would simply the will to handle these things in advance. I don't know what to say there...brainstorm that one. Don't spin it to her as "signing the house over", call it estate planning. One option is a sale/leaseback where she sells the property and then you give her a lifetime lease on the property. Don't say "lease until you die", say "a lifetime lease". You have to explore what her needs are in order to structure this in a way that she would agree to.

Also I wouldn't take the advice of one lawyer as truth. Find yourself a GOOD lawyer if necessary. If there really IS a law about asset transfers done within less than 5 years of a death then you seriously need to get this worked out to your advantage asap and not let it wait. Thinking that there is no solution will not help you out. With some clever negotiation you can fund the rest of a lifetime in Thailand? Fuck man! Figure it out! If there's one thing I've learned its that working at a job really sucks, and with a bit of effort one can avoid working for someone else and do much better in life. This situation might help you get there. Seems to me the will could very likely vulnerable so the best move is to avoid it becoming an issue. If what you already have worked out is the best you can get, then so be it. But there's nothing wrong with pushing for a better solution. good luck


Dboy

[Bob]

Free legal advice on a message board is worth exactly what you paid for it. NOTHING

Exactly.

Manipulating his mother so that he can cheat his brothers and sisters out of their share of the estate! Billy you have become the lowest of the low. I wish your mother could see your postings here so she can see your true nature.

[ned kelly-old]

Contrary to some of the comments on here, the situation regarding wills in Australia and the UK do have some significant differences.
First and foremost there are no death duties in Australia, so the legitimate transfer of assets prior to death does not generally have an overhang effect on the will. Issues to consider relate to stamp duty, capital gains tax(not relevant in the case of the principal place of residence) and the effect on any government social security benefits. These alone are often a deterrent.
Australian probate law is State based and varies slightly from State to State. If there is only one executor and the will is correctly drafted, most states do not require a probate certificate to effect a transfer of property(or sale) where that property is going to a sole beneficiary.....and on death in many cases a house can be disposed of quickly.
I have just had a chat to a sole practitioner friend who does a number of wills and he confirms my earlier comments. Provided the children had no dependency they would find it very difficult to get anywhere contesting a correctly drafted will.
"Correctly drafted will" is the important bit, and therefore essential to use a competent solicitor which is consistent with most of the comments you have received on this board.

[dab69]

Manipulating his mother so that he can cheat his brothers and sisters out of their share of the estate! Billy you have become the lowest of the low. I wish your mother could see your postings here so she can see your true nature.

after how genetics has treated him it's the least she can do.

perhaps he can sue his brothers and sisters for mistreatment as he was growing up,
making him act the way he now does.

[Lunchtime O'Booze]

but his poor old mum does.

You lose.

What was the point in digging up this old thread simply to post "well duh, you lose"

Can someone pop round and make sure Henry's taking all the necessary tablets?

Only wayout is for the other children to challenge the Will is proving that there was undue influence and duress under which the will was executed in favour of the youngest son. In this case the chances are very remote since the mother is still alive and very active with all her faculties working. If the mother rightfully owned every assest through her earnings, savings, investment, it is her right to write them to anyone she likes, unless it was something shared between her husband who is the father of the other children. When he died if he left all the properties in the name of the wife, then the chances are remote

[joe552]

To my knowledge, the executor is responsible for ensuring that the terms of the will are carried out. The executor need not be a benificiary (e.g. could be a lawyer). Just because son no. 4 is named executor, doesn't give him any more rights over the estate than his siblings. But then, I'm not a lawyer, not Australian, and made sure my 87 year old mother made a very clear will!

[cottmann]

[quote="wx40afp"]Im not sure if anyone is familiar with Laws regarding Wills and beneficiaries.But if you can give advice please do so.
This is in Australia.

See http://www.globalpropertyguide.com/Paci ... nheritance (http://www.globalpropertyguide.com/Pacific/Australia/Inheritance)

What was the point in digging up this old thread ... You haven't worked out that Henry Cate is really our old chum Bad Boy Billy

[Lunchtime O'Booze]

What was the point in digging up this old thread ... You haven't worked out that Henry Cate is really our old chum Bad Boy Billy

do you really think so ??

I mean I know they are both stark raving mad but I can't see the similarities ? :scratch:

What was the point in digging up this old thread simply to post "well duh, you lose"

Can someone pop round and make sure Henry's taking all the necessary tablets?

I think its just been raining a lot in Chiang Mai. :toothy2:

Any will can be contested but they are hard to crack.


get your mother to mention all your siblings in the will by leaving them say a thousnd dollars or an old clock or something worthless to you , once it is shown that she considered everyone close to her then contesting is pointless