QLD Can Legal Aid Claim Against Recent Inheritance?

[Athol]

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?

 

[Sophea]

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.