WA Probate required despite funds not being part of estate

Discussion in 'Wills and Estate Planning Law Forum' started by MSM1707, 16 October 2018.

  1. MSM1707

    MSM1707 Member

    16 October 2018
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    We had to put my Dad in a Residential Home earlier this year. He has recently passed away and the Residential Home will not return our bond to us (a considerable amount of money), even though it was my brother's and my money and has nothing to do with my Dad's Estate. I made sure to inform them that it was our money, received a photocopy of the cheque showing just my brother's and my name and have bank statements showing it came from our joint account (as well as requesting a receipt in our names and not my Dads). How can they get away with this? I don't understand how we must wait for probate (some months down the track) when this money is not part of my Dad's estate. Any advice would be appreciated. Thank you.
  2. AdValorem

    AdValorem Well-Known Member

    20 August 2015
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    Did you get legal advice before paying the bond?
    Did you sign a loan agreement with your dad?
    The bond may be considered a gift from you and your brother to your father unless you have documented the arrangement.
    If there is no evidence in writing that the bond was a loan the money may form part of your father's estate.
    This is the reason the Home is advising you to show them the grant of probate before they release the money.
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