Thanks in advance for your help.
When my grandfather passed away, my grandmother sold her house and moved interstate so she could live with my mum. At the time, my mum was renting, so gran bought a house outright where they have both lived for over 10 years.
Gran receives a pension and my mum works so with no mortgage to be paid they usually just split the amenity bills and pay half each. For the last few years gran has slowed down quite a lot, to the point that she rely's on mum to get her food prepared, take her to appointments, pick up her prescriptions, ensure she takes her prescriptions etc, she has really done a wonderful job of caring for her.
In honour of this, gran updated her will so that the house would be left to mum when she passes, with all other assets being divided equally between my mother and her brother and sister. The house is worth roughly 350k. My mums brother, who hasn't seen my gran in 9 years and only calls on birthdays and Mother's Day caught wind of this and told my mums sister that he plans on contesting the will. Can my gran transfer the house title to my mum without my mum having to pay stamp duty? Or what are the chances of her brother being successful in contesting the will?
I would hate to see my mother put out of her home and I know she doesn't have the money to pay stamp duty on the transfer so what are her rights? She currently has joint power of attorney with her sister. Apologies for the novel, I thought the back story was important.
Thank you!
When my grandfather passed away, my grandmother sold her house and moved interstate so she could live with my mum. At the time, my mum was renting, so gran bought a house outright where they have both lived for over 10 years.
Gran receives a pension and my mum works so with no mortgage to be paid they usually just split the amenity bills and pay half each. For the last few years gran has slowed down quite a lot, to the point that she rely's on mum to get her food prepared, take her to appointments, pick up her prescriptions, ensure she takes her prescriptions etc, she has really done a wonderful job of caring for her.
In honour of this, gran updated her will so that the house would be left to mum when she passes, with all other assets being divided equally between my mother and her brother and sister. The house is worth roughly 350k. My mums brother, who hasn't seen my gran in 9 years and only calls on birthdays and Mother's Day caught wind of this and told my mums sister that he plans on contesting the will. Can my gran transfer the house title to my mum without my mum having to pay stamp duty? Or what are the chances of her brother being successful in contesting the will?
I would hate to see my mother put out of her home and I know she doesn't have the money to pay stamp duty on the transfer so what are her rights? She currently has joint power of attorney with her sister. Apologies for the novel, I thought the back story was important.
Thank you!
