I was asked this question and have no idea...
A frail husband and wife live together in their own mortgage free house. The house is in both their names. Despite being married and sharing the house for many years their finances (& lives) were always separate, she has money in her own accounts he has little and his pensions are paid into a joint account to cover bills etc.
Because he was so frail it was assumed he wouldn't last long so she made a will giving everything to their life joint friend who would also act as trustee and executor.
He would also want the same friend to benefit but whilst he is of sound mind he is too frail to bother setting up his own will. She was taken into hospital and it looked touch and go which asks the question - what would happen to her will should she go first? Would her will be ignored or if left alone and he died interstate but after his wife, would her will still stand?
I'm asking on behalf of him.
A frail husband and wife live together in their own mortgage free house. The house is in both their names. Despite being married and sharing the house for many years their finances (& lives) were always separate, she has money in her own accounts he has little and his pensions are paid into a joint account to cover bills etc.
Because he was so frail it was assumed he wouldn't last long so she made a will giving everything to their life joint friend who would also act as trustee and executor.
He would also want the same friend to benefit but whilst he is of sound mind he is too frail to bother setting up his own will. She was taken into hospital and it looked touch and go which asks the question - what would happen to her will should she go first? Would her will be ignored or if left alone and he died interstate but after his wife, would her will still stand?
I'm asking on behalf of him.
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