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

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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?


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!