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Lady I was Caring For Passed with No Will

Discussion in 'Wills and Estate Planning Law Forum' started by kym81, 1 July 2014.

  1. kym81

    kym81 Member

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    I was caring for a very dear friend and when she passed she had no will but had told her daughters what she wanted. My question is can one of the daughters all of a sudden decide she wants something different 9 months later and take away the things she left me? any help appreciated as this is very frustrating
     
  2. Sophea

    Sophea Well-Known Member

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    Hi Kym81,

    If the deceased passed without leaving a written properly executed will, her estate will be distributed in accordance with the rules of intestacy. Take a look at what was said in this thread in that regard. http://www.lawanswers.com.au/threads/what-happens-if-i-die-without-a-will.367/#post-1338

    There is no such thing as a verbal will. Anything said without being put into a written and properly executed will is meaningless. Therefore unless the deceased gifted to you prior to her passing, you will likely obtain nothing from the estate.

    If she had no spouse, it is likely her daughters will inherit her estate in equal shares.
     
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  3. kym81

    kym81 Member

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    i live in the house where she passed have lived with her for about 6 years can they just come and take what they like or is there a process they have to go through i live in nsw
     
  4. winston wolf

    winston wolf Well-Known Member

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    You can make a "Family provision application".
    This is a hugely expensive (to the estate) exercise and often takes years.
    If the estate is worth enough you could do this.
    If the daughter is wise, just the threat of this should get you what you want otherwise the estate will loose 15-20% in legal costs.
     
  5. kym81

    kym81 Member

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    there is no estate only assets so is she allowed to just come and remove the assets from my property or is there a process she has to follow
     

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