NSW Living in the family home

[tracey2018]

Hi, My sister in law and her family live in my inlaws house, rent free, utility free and money for groceries provided for the past 22 years.Parents in law were capable of looking after themselves independently until father in law broke his hip. For the past 3 years they have needed help and we have nurses attend to care for them.(they are self funded) Nurses are there approx. 8 - 10 a day and my husband moved in 2 years ago to look after them at night time. Although she cooks and and does some laundry, the majority if the personal care is provided by my husband, P.O.A.
Sister believes she has a greater entitlement to the house because she does not own one.
The will is split 4 ways( 4 children) - what rights does she have because she lives in the family home. She did have an investment property but sold it about 12 years ago. The inlaws also have a business asset worth 4 million.
When does she stop being dependant on her parents - She works from the house and husband also has a fulltime job.

Need some clarification
Tessa

 

[AdValorem]

Hi Tracey

Can you please clarify your question?

Usually an equal split in a will between the testator's children is considered a fair split.

Are you asking if your sister in law:

• has a right to make a family provision claim or
• if she would succeed in a family provision claim for more than 1/4 of her parent's estate?

Regards
Val

 

[tracey2018]

Hi Tracey

Can you please clarify your question?

Usually an equal split in a will between the testator's children is considered a fair split.

Are you asking if your sister in law:

• has a right to make a family provision claim or
• if she would succeed in a family provision claim for more than 1/4 of her parent's estate?

Regards
Val

Hi Val
Thank you for responding. I was wanting to know if she would be successful considering her father has supported her, all her 48 years and continues to support her family financially, not having to dip into their wages for household utilities and money for groceries weekly. When does she stop being dependent?
Thanking you in advance
T.T