Mother passed leaving no will

Discussion in 'Wills & Estate Planning' started by DavidG, 23rd Dec, 2021.

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  1. DavidG

    DavidG Active Member

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    Unfortunately my mother passed recently and didn't have a will , I am the only child , our family is having a few issues with her elderly sister , the bank has contacted myself and has indicated her assets which is cash only in a bank account will probably get passed onto myself . Her sister took it upon herself to be the administrator or got appointed in her final years whilst suffering dementia . The family have a feeling the sister is going to contest the money allocation . Any thoughts on this matter ?
     
  2. wylie

    wylie Moderator Staff Member

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    I’d be having an initial visit to a lawyer.
     
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  3. Joynz

    Joynz Well-Known Member

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    You said you are an only child - who are you referring to when you say ‘the family’?
     
  4. wylie

    wylie Moderator Staff Member

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    I’m guessing OPs’s aunts and uncles.

    @DavidG - condolences on such a massive loss.
     
  5. standtall

    standtall Well-Known Member

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    Sorry to hear about your loss. As @wylie advised, seeing a lawyer asap should be your first priority.
     
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  6. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    Sorry for your loss but on what basis can the sister have. Claim on any assets?
     
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  7. DavidG

    DavidG Active Member

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    Only have cousins left .
     
  8. MTR

    MTR Well-Known Member

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    Sorry for your loss, very sad

    Estate planning so critical.
     
  9. wylie

    wylie Moderator Staff Member

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    So the sister possibly is trying to snag some cash for her own kids?

    I would assume normal things would happen for anyone without a will. I still would make a phone call to a lawyer and see what you can do, or at least put your mind at rest.

    I would think your late mother's sister would have no claim, but I'd want to be sure.
     
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  10. datto

    datto Well-Known Member

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    I don’t think a person with dementia has the legal capacity to sign or appoint anything. I’d be talking to a lawyer.
     
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  11. boganfromlogan

    boganfromlogan Well-Known Member

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    We had a family member cash in on a will. Used a clause about ' intermingling ' which I don't understand. Managed to double the portion.

    Was infuriating, but in the end we didn't pursue or fight it. Quite a few siblings, different reactions from different people.

    Family member has subsequently lost contact with most others, trust issues.......

    Karma kind of took care of things. Sad.

    Always good if agreement can be made, even if it's not quite 'right. Opinion only.
     
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  12. DavidG

    DavidG Active Member

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    Thanks for the replies . I will get some legal advise .
     
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  13. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    Generally a sibling would not be eligible to make a family provision claim and even if they are the administrator of the estate the assets must pass via the intestacy laws which would generally be to the children equally if there is no spouse
     
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  14. larrylarry

    larrylarry Well-Known Member

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    Yes, see s57 of succession act 2006 (NSW)
    www6.austlii.edu.au/cgi-bin/viewdoc/au/legis/nsw/consol_act/sa2006138/s57.html UNLESS s57(1)(f) applies?
     
  15. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    Is that the close personal relationship? That could apply possibly
     
  16. larrylarry

    larrylarry Well-Known Member

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    Depends on what the applicant writes on the affidavit.
     
  17. Brisbaneforever

    Brisbaneforever Member

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    Sorry for your loss. You may want to see whether you have any medical records. If it is deemed she did not have capacity (advanced dementia etc) then appointing anyone during this period could be null and void. As suggested above a lawyer will be the first point of call and I would seek advice ASAP.
     
  18. DavidG

    DavidG Active Member

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    The outcome was resolved - The bank just forwarded the proceeds after I completed all the paperwork . Wasn't any need to seek further legal advise in the end.
     
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  19. larrylarry

    larrylarry Well-Known Member

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    Good to know.
     

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