NSW Nursing Home RAD without Wills

Discussion in 'Wills and Estate Planning Law Forum' started by David Chang, 10 September 2019.

  1. David Chang

    David Chang Well-Known Member

    31 August 2016
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    Dad's condition has deteriorate significantly in the nursing home; his eyes (glaucoma) is getting worst and he unable to sit up hence we have serious concern of him signing any wills.

    Mom will be putting most of her retirement money towards his RAD and when he dies, my understanding the money will go to his estate.

    I have asked this question in the past but I would like to approach it from different angle.

    Given his condition, can I please get your honest feedback on the complexity of getting the RAD back to my mom once he's deceased and no wills?

    We're a small family; just me, mom and dad, so there wouldn't be any conflict from our end as what went to RAD should go back to her 100%.

    thank you!
  2. Perp

    Perp Well-Known Member

    30 June 2015
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    With regard to signing a will, provided your Dad still has capacity (which I know I talked to you about previously), he can still make a will even if he can't see or sign. If he can't read it, then the lawyer (usually) who prepared the will must read it to him, so that he knows its contents. If he can't sign it, then somebody else can sign on his behalf, provided the necessary two witnesses observe him directing the agent to sign on his behalf. Relevant NSW provision: SUCCESSION ACT 2006 - SECT 6 How should a will be executed?

    If he really doesn't want to, or is incapable of, making a will, then under the intestacy rules in NSW, your Mum would receive all your Dad's estate anyway (based on the information provided, and provided you're a child of your parents, and there are no previous spouses and children, etc). Somebody (probably you) will have to apply for letters of administration with respect to his estate after he dies - basically the administrator is analogous to an executor, except they're not appointed by will - and then his estate will be distributed by the administrator in accordance with intestacy rules. This process takes several months after death. (Which it would even if there were a will.)
    David Chang likes this.

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