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Application of the Intestacy Rules: Does joint property pass under Intestacy Laws?

A husband has found that his deceased wife has left nothing to him in her Will. Their major

assets are two properties, each of which are held as joint tenants. What is the position for


Comments by Wills &  Estate Specialist – Terry Johansson

Assuming that deceased did not live in NSW, then he will become the surviving proprietor of

both properties and they will pass into his name outside of the Will and it makes no

difference whether or not his wife provided for him in relation to those properties.

The same situation applies in NSW except that someone may contest the Will and may be

able to claw back her half share of the properties to pay for the award made to them so her

ownership is not immune. Otherwise, in all other States, the transfer of the titles to the

husband are immune from any claim by anyone who contests the Will.