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白雲山民 发表于 2020-4-4 15:10 
没名字，老婆也有一半吧。
没有自动给老婆一半。这里扯上了一堆法律问题。下面就是说，如果有遗嘱，主要以遗嘱为准。当然了，老婆如果和老公生活了很长时间，遗嘱里没有老婆的合理分配，老婆可以找律师去推翻遗嘱，这会费事费力，可能几万块钱就给律师了。
Sole Ownership or Tenants in Common
As the right of survivorship does not apply to property owned by a person in their sole name or as Tenants in Common with other co-owners. Instead, the property forms part of the deceased person’s estate, and how the property is transferred will depend on whether the deceased person had a valid will.
WHERE THERE IS A WILL:
When a deceased person has left a valid will, there will be an executor appointed to handle the estate and transfer the property of the estate. However, the executor will need to apply for a Grant of Probate from the Supreme Court of New South Wales before they are legally permitted to transfer or sell the property. This can be a lengthy process and it always helps if the executor speaks to a legal professional so that they are able to meet the Court’s requirements.
Once Probate has been granted, the executor will be able to arrange for the property to be transferred into the names of the beneficiaries in the will or sold and the proceeds of sale divided between the beneficiaries of the will.
WHERE THERE IS NO WILL:
In these situations, the deceased person is considered to have died intestate. Without a valid will, there is also no appointed executor. In New South Wales there is a predetermined hierarchy of people in the deceased persons family who will benefit from their estate. The person who has the greatest interest in the estate will then be required to make an application to the Supreme Court for a Grant of Letters of Administration and become the “Administrator” for the estate. Once the Letters of Administration has been granted, the Administrator has the legal authority to transfer or sell the property, however the beneficiaries of the property or the proceeds of sale of the property will depend on the rules of intestacy under the Succession Act (NSW) 2006.
The legal requirements and time frames for transferring property after someone has passed away can differ greatly. Speaking to a legal professional may help you to understand the process and handle the transfer of the property with as few issues as possible. |
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一种格调，一点宠爱，芳香疗法 (2009-4-4) tritri 
发表于 2020-4-3 15:44
