NSW gifts from deceased estate.

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Dogged

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22 July 2017
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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.
 

Rod

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27 May 2014
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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.
 

Dogged

Member
22 July 2017
2
0
1
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.

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.
 

Rod

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27 May 2014
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Sorry, I don't know much about intestacy law and don't know.