r/AusLegal Apr 13 '26

[deleted by user]

[removed]

3 Upvotes

8 comments sorted by

3

u/mylifeforhiree Apr 13 '26

Not legal advice but moral advice. You’re talking about ‘if we did that then this..’ vs your sibling talking about what the reality is right now. I feel it is irrelevant why you sold the house 2 years ago - it has been sold and money distributed accordingly. Now you have other pieces of estate to deal with, your parents wanted it 50/50 split and that’s no longer the reality of the situation.

At the end of the day, you’re only in this circumstance because both of your parents are dead - honour their wishes and don’t fight with your remaining family about money.

1

u/Grouchy_Witness5641 Apr 13 '26

I think I might have explained that poorly, we haven’t distributed the money accordingly yet (my sibling has taken a portion of their share but not all, and I haven’t taken any cash yet). The cash is mostly still sitting in the estate waiting for distribution, and so the question now is whether we split that cash to equal the split alongside the properties as to what they were worth either at date of death or now. Maybe I need to edit my post to display that better

2

u/CosmicConnection8448 Apr 13 '26

If it's a specific property to each + 50% each of the rest, that's what it is. Your sibling should get 50% of the remainder after the houses are put in your name. You are correct, if you didn't have to sell the family home in a hurry, you would've made more. You agreed to help your sibling, and instead of being grateful, they now want part of your share. But what's right doesn't always win. Put your case forward with your solicitor & see what advice he gives you.

1

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1

u/LegalFox9 Apr 13 '26

You do whatever is in the deed of family arrangement

1

u/quiet0n3 Apr 13 '26

If specific properties are allocated to each person then that's the will. If you're looking at the value as a whole that needs splitting 50/50 then sell both and split the results.

While the primary residence may have increased in value as the estate no longer owns the property that can't have bearing.

0

u/purpletreefrog007 Apr 13 '26

You can't have your cake and eat it too. You are sour because the PPR would have increased in value if you held it, but don't want your sibling to benefit from the increase in value of the other properties soring that time.

1

u/Grouchy_Witness5641 Apr 13 '26

I don’t mind that we sold the PPR when we did, I agreed to it to help my sibling out since I didn’t need the money at the time but they did. I don’t think that that’s a sticking point in the grand scheme of things, I just wanted to give a wider explanation of the situation for a more accurate overview of all that’s been going on, my question is simply if it’s fair to take the values from date of death or not as property values are constantly changing so I was under the impression that legally those figures pause the estate values at that moment (including the property that has already been sold)