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QLD Can Legal Aid Claim Against Recent Inheritance?

Discussion in 'Other/General Law Forum' started by Athol, 7 August 2015.

  1. Athol

    Athol Member

    7 August 2015
    Likes Received:
    A person has been charged with a criminal offence and due to his financial circumstances has successfully sought legal aid. In the meantime an aunt died and left him about $40000. Can legal aid now claim against that inheritance or withdraw its services?
  2. Sophea

    Sophea Well-Known Member

    16 April 2014
    Likes Received:
    Hi Athol,

    as far as I am aware, no they cannot. Your eligibility for legal aid is assessed based on your income at a moment in time, however what occurs after that is not incorporated into the means test. For example, if someone were to - as a result of their legal aid, win a large compensation payout - legal aid would not dock them for their fees. That would defeat the purpose of the service.

    I wouldn't be concerned.

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