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  1. Terryw

    Bequeathed house dispute, auction or buy out other party.

    I don't think there are any taxes on the transfer from a will. Only, possibly, later if the recipient sells the property. for CGT on death see s128-10 ITAA 1997 http://www.austlii.edu.au/au/legis/cth/consol_act/itaa1997240/s128.10.html And, for the tax Q, I think that JT and TIC are treated the...
  2. Terryw

    Bequeathed house dispute, auction or buy out other party.

    Initiating an action in the Supreme Court (NSW) will cost at least $749 to file the claim. This is the fee imposed by the court. Then as it progresses there are more fees - for hearing dates, counter claims, filing of documents etc. Add to this your solicitor fees at around $300+ per hour...
  3. Terryw

    Bequeathed house dispute, auction or buy out other party.

    I think the property has been transferred into the 2 brothers names already and this is the problem - one wants to sell the other doesn't. If agreement can't be reached either one can go to the supreme court to seek an order deciding the matter.
  4. Terryw

    Bequeathed house dispute, auction or buy out other party.

    This matter has nothing to do with the will. The will is in the past. It is a dispute between 2 joint owners. 1 wants to sell the other doesn't.
  5. Terryw

    Bequeathed house dispute, auction or buy out other party.

    This will only be a possibility if the will is challenged - which is not occuring here (yet?). Family Provision Act. This matter, as Raphael has indicated, has nothing to do with the estate. Just think of it as a dispute between two people who each own half a property and cannot come to an...
  6. Terryw

    Bequeathed house dispute, auction or buy out other party.

    Raphael Sorry about your dad. If the will left the property to you both jointly, then maybe your brother is not challenging the will, but accepting joint ownership, and then seeking Supreme Court action to force the sale. I am not sure how he would do if you are offering to buy out his...
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