Australian Law

[Rosie55]

Would anyone know if the grandchildren of a man who died in Australia, and whose second wife ( now also deceased ) had the mortgage transferred into her name only, could inherit the house, if the second wife had no family or relations?

[Ethel]

It depends - if she made a will then her assets including her home will be distributed in accordance to her wishes.

If she had debts, then the house may have to be sold to pay them off.

[dzug]

In the UK the answer would be no - the second wife became owner of the house on her husband's death and anything that happened before is irrelevant.
It is her descendants that would inherit her property if she left no will.
If she has no descendants then the crown gets her property.

It's possible that Australian law is different though.

[Rosie55]

Thank you!
I believe the second wife died about 20 years ago and I have seen a recent photo of the house which appears derelict and overgrown by trees.
I am one of the grandchildren - would you think my next step would be to see if she left a will?

[dzug]

Assuming she died in Australia and left a will and it went to probate - then yes you can get a copy from the Probate Office in the state where she died, much as you could here.

http://www.jaunay.com/wills.html for starters

The likelihood is is that if there was a will and it went to probate you would have been contacted by now if there was any benefit to you.

Of course it's possible that the will is sitting in a drawer in the derelict house, untouched, if there was no-one to carry out her wishes.

[Rosie55]

Thank you. My nephew in Australia is now trying to find out if there is a will.
Best wishes to all.
Rosie.