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NSW Mother's Will and Deceased Estate - Where Do I Stand?

Discussion in 'Wills and Estate Planning Law Forum' started by Jaycee60, 4 September 2015.

  1. Jaycee60

    Jaycee60 Active Member

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    In my mother's will she left $50,000 to my brother and the house to me. I have lived with my mother for over 25yrs and have looked after her for the last 15yrs. My brother has had no contact with us for about 9yrs, I don't even know if he is still alive. Her deceased estate has the cash for her funeral and solicitor fees, not $50,000.

    I was going to pay the $50,000 from my superannuation because I would like to keep the house as I have lived here so long. I am retired on a pension now but my car is very old and I would like to buy a newer car out of my superannuation.

    Where would I stand if my mother was to pass away (97yrs) before I was able to bring that money back to $50,000?
     
  2. winston wolf

    winston wolf Well-Known Member

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    So your saying your mother is still alive but you are concerned where to find the 50k when she passes?
     
  3. Jaycee60

    Jaycee60 Active Member

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  4. winston wolf

    winston wolf Well-Known Member

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    By far the best option is to get a new will, if she is able. In that leave the lost sibling the residue of the estate. that way you get the house, the bills get paid and the lost sibling gets what's left.
     
  5. Jaycee60

    Jaycee60 Active Member

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    She is unable to do this as she has had dementia for a number of years. At this present time she is in a nursing home & doesn't even know who I am.
     
  6. winston wolf

    winston wolf Well-Known Member

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    What you do may hinge on the exact wording of the will.
    Probably best if you visit a lawyer (possibly the one that drafted the will) and get their opinion.

    Keep an eye on this thread in case others contribute a suggestion.
     
  7. Jaycee60

    Jaycee60 Active Member

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    The solicitors she used have gone, not sure where, it was about 20yrs ago she had it written. Thanks for your interest. I just didnt want to find myself having to sell up just to pay my brother $15,000.
     
  8. AdValorem

    AdValorem Active Member

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    Hi Jaycee
    If your mother has left in her will $50,000 to your brother and the house to you as absolute gifts and not as residue that means that if there is less than $50,000 left after funeral expenses and payment of debts then that amount is what your brother will receive and you will retain the house.
    That is so if there are no provisions in the will which direct the executor to sell the house so that your brother gets his $50,000.

    If your mother had left a car in her will for your brother but has sold the car and not changed the will later that does not mean that your brother will be reimbursed for the value of the car in cash after your mother passes away. The gift of the car will simply fail and your brother will not receive neither the car nor cash equal to the value of the car.

    There is always the possibility that your brother may challenge your mother's will and ask for a bigger share.

    The interpretation of the will depends on the wording and the intentions of your mother.

    Only a suitably qualified lawyer who reads the will can advise you on where you stand.
     
    winston wolf likes this.
  9. Jaycee60

    Jaycee60 Active Member

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    thankyou ...this was a great help
     
  10. Jaycee60

    Jaycee60 Active Member

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    this is how the will reads 'I give the sum of $50,000 to ........... I give the rest and residue of my estate whatsoever nature and
    whatsoever situate to said daughter........ I declare my executor and trustee shall have the power to exercise in respect of my
    real & personal property all such statutory powers and the powers that would be exercisable by this function' I am the executor
    and trustee. How do you think this is worded?
     

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