NSW gifts from deceased estate.

Discussion in 'Wills and Estate Planning Law Forum' started by Dogged, 22 July 2017.

  1. Dogged

    Dogged Member

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    My father sent me money every six months for family expenses. It came out of his bank account automatically. A few years before he died he got dementia but the money still came. When he died his will left everything to my brother and me. My brother who is executor has said I have to repay all the money sent to me after my father got dementia. This seems very unfair since I was still in need of it for family expenses.
     
  2. Rod

    Rod Lawyer
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    Tell your brother you are not returning the gifts you received from your father. It is unlikely your father ever meant for the gifts to stop.

    Most people drift into dementia and it doesn't just happen overnight. During his lucid moments he would have had the opportunity to stop the payments if he so wished. Based on your post your brother has little chance of success. Keep in mind I've only heard one side of the story.
     
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  3. Dogged

    Dogged Member

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    Thanks so much for your reply. I am a little easier in my mind now. If he tries to deduct the amount he says I owe the deceased estate from my share of the residue, is there a time limit for him to try. BTW the estate has not been fully administered to date.
     
  4. Rod

    Rod Lawyer
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    Sorry, I don't know much about intestacy law and don't know.
     
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