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Legal Tip 114: Murder and Inheritance

Discussion in 'Legal Issues' started by Terry_w, 15th Jan, 2016.

  1. EN710

    EN710 Well-Known Member Premium Member

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    Ok, will you accept $10 in the will?
     
  2. Terry_w

    Terry_w Solicitor, Finance Broker, CTA Business Member

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    they carefully outsource it so they can benefit.

    Lawyers need to send a client to another lawyer if the client intends to give the lawyer money.

    I have only had one will maker want to leave me anything so far. Someone wanted to leave me $10k, but I refused. He was dead 6 months later.
     
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  3. Terry_w

    Terry_w Solicitor, Finance Broker, CTA Business Member

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  4. Terry_w

    Terry_w Solicitor, Finance Broker, CTA Business Member

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    This is an excellent article and worth reading.
     
  5. wylie

    wylie Moderator Staff Member

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    Just read it now. What a touching, lovely story. What an amazing family. I couldn't help but think of my parents though. My mother would have loved to be here longer but cancer took her way too soon. Dad was in a haze of Alzheimer's for at least ten years before he died.

    I don't think I could have gone for that walk to the beach though. How does one say goodbye knowing that is the last time?
     
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  6. Terry_w

    Terry_w Solicitor, Finance Broker, CTA Business Member

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    Yes that would have been hard, knowing your parents were at home euthanasiaing themselves at that time.
     
  7. WattleIdo

    WattleIdo rentvestor Premium Member

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    Yes it's a great article. Thanks @neK . I can see how beauiful and intelligent they were. The daughters are fortunate that they had each other on the day. Would've been hard.
     
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  8. neK

    neK Well-Known Member

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    Its such a shame that in their final moments they had to be apart from the people they loved to avoid prosecution. :(

    But back on topic, how would something like this potentially affect the inheritance of the children?
     
  9. hobo

    hobo Well-Known Member

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    I saw this a week or so ago and thought it was a really thought provoking piece. I will note that I don't believe this was an "assisted" suicide (unless you mean the husband & wife assisted each other...?) .

    But I don't see it (ie this specific story as it played out) as causing any inheritance / estate issues.... since the daughters were not involved, not present etc etc.

    I do think it's awfully sad that we don't have a system (yet??) which would have allowed them to be closer to their parents in their last moments, without their risking any charges. I hope this changes.
     
  10. Terry_w

    Terry_w Solicitor, Finance Broker, CTA Business Member

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    It wouldn't be classed as murder (probably) so not issues with other inheriting.

    Where the wills haven't been updated A may leave to B so order of deaths may be important. But generally the legislation says someone has to survive 30 days to inherit or they are considered to have predeceased the testator - unless the will instructs contrary.

    but if you were going to choose the time of you death you would probably go to the effort of updating your wills.
     
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  11. D.T.

    D.T. Adelaide Property Manager Business Member

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    Is this the same in all states? I imagine it generally takes more than 30 days to finalise an estate anyway so wouldn't really be any issue.

    E.g.
    A dies and leaves stuff to B
    20 days later B dies and leaves stuff to son B1
    Gets clawed back from B1 to son A1 as <30 days ?
     
  12. Terry_w

    Terry_w Solicitor, Finance Broker, CTA Business Member

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  13. Terry_w

    Terry_w Solicitor, Finance Broker, CTA Business Member

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    If the will said I leave property to B if he survives me by 12 months then the executor would not distibute the estate till this date because they have to wait and see if B dies.
     
  14. EN710

    EN710 Well-Known Member Premium Member

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    @Terry_w just wondering if this apply for anyone who resides in Australia or just citizen? e.g. how about 457 visa holder, or permanent resident who also hold citizenship in other country?
     
  15. Terry_w

    Terry_w Solicitor, Finance Broker, CTA Business Member

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    Which specifically? Murder - it would depend on your assets. If they are immoveable assets the laws of the country where they are located may apply. So you may be able to murder parents in Australia yet inherit the parents house in China for example (depending on Chinese laws)
     
  16. Terry_w

    Terry_w Solicitor, Finance Broker, CTA Business Member

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    Court rules killer son entitled to share of estate

    A man who bludgeoned his parents to death will inherit almost half their $1.1 million estate after the Victorian Supreme Court ruled the forfeiture rule that normally prevents a person benefiting from the estate of a person they have killed does not apply.

    Brett Anthony Smith, now 35, killed his father, Coles executive Michael John Smith, and his mother, Kim Melina Smith, but was found not guilty after a psychiatrist testified he suffered from chronic paranoid schizophrenia.

    The couple were found in bed in their pyjamas at their home in Vermont South in December 2011. The couple each left a will, which divided their estate between Brett and his sister Alexis.

    more at Nocookies

    In Smith v Whittaker & Ors [2016] VSC 287 at para [7] his Honour Derham AsJ observed:

    'It is common ground between the parties that because Brett was found not guilty of the murder of his parents by reason of mental impairment, the forfeiture rule does not apply to him so that he is still entitled to inherit the share of his parent's estates left to him under their wills.'
     
  17. Terry_w

    Terry_w Solicitor, Finance Broker, CTA Business Member

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  18. Terry_w

    Terry_w Solicitor, Finance Broker, CTA Business Member

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