Joint Tenancy Rights
The client is the child of a deceased tenant who owned a share of a property in tenancy in common with another family member in New South Wales. The deceased left a will in which the client is a named beneficiary. The items within the property include personal belongings and household items. The client currently has access to the property and has a familial relationship with the other owner. The deceased contributed to the purchase and upkeep of the property.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat happens to the property and its contents after my relative's death in terms of ownership and rights?
Upon the relative's death, their ownership under tenancy in common in the property becomes part of their estate and will be distributed according to the will. As a named beneficiary, you may inherit their share, but this must be formalised through probate. The contents of the property are also part of the estate and will be distributed as per the will unless specified otherwise.
How does the common ownership affect the inheritance process, and what steps should I take?
In a tenancy in common, the deceased's share of the property forms part of their estate and is distributed according to the will. You will need to apply for probate to administer the estate and officially transfer ownership interests to the beneficiaries named in the will.
Does the other owner have any right to the deceased's personal belongings inside the property?
The other owner does not have rights to the deceased's personal belongings inside the property. Those items are considered part of the deceased's estate and will be distributed according to the will.
Are there any legal obligations or actions required on my part concerning the property as an heir?
As a named heir, you have a legal obligation to ensure the estate is administered correctly, which includes applying for probate if necessary. This involves identifying and valuing the estate's assets, including the share of the property.
How is the property in common ownership typically divided after one owner's death?
In New South Wales, if property is held under a tenancy in common and one owner dies, their share does not automatically pass to the surviving co-owner. Instead, it is distributed according to the deceased's will.
