[Legal Info] Key aspects of the Succession Act

AAP

AAP Source: AAP

Monthly Legal Info will provide practical and useful legal information about daily lives in Australia. Mr Ji Hoon Chang, a lawyer from the Teddington will explain about key aspects of the Succession Act (focusing on the case in NSW) in Australia.


Many people believe that they should have freedom to dispose of their property when they die in any way they want. Some people even regard this as a natural right that should not be restricted in any way. Others say that there must be some constraints on freedom of disposition. So far as the law is concerned, the issues are what limitations should apply and how far should they go.

There are two types of ownership, Joint tenancy and Tenancy in Common on the property.

Joint tenancy is usual in marriage where the spouses want to hold the property equally, and, also want the principle of survivorship to apply. It is not so common in other situations. Tenancy in Common is a form of co- ownership in which the property is held in common with others but where, in contrast with Joint Tenants, the share of a deceased Tenant in Common forms part of the deceaseds estate and passes to his or her beneficiaries under his or her Will or certain prescribed persons or intestacy.

As you can see there are significant differences between these two types of ownership. You need to carefully consider which is appropriate to your particular circumstances.

 






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