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QLD Will - Item Given 2 Years Before Death - Part of Estate?

Discussion in 'Wills and Estate Planning Law Forum' started by chippy, 16 February 2016.

  1. chippy

    chippy Member

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    Hi, a grandfather clock that belonged to my mother sat in my parents' home for another 3 years with my father after her death. My five siblings have known that the clock was to pass to be onto me at some stage. My dad moved into a small assisted care unit 2 years ago when the family home became too hard to look after.

    At that time, we helped him to move in and clear out the family home with everyone getting items that they wanted, myself getting the clock, which my mother has stated would go to me in time and everyone knew that.

    Now the executors of will which are 2 of my younger sisters, have asked me to get a value put on the clock and it will come out of my share. The same for another sibling, but not anyone else has to do that.

    The value is approx $4000. .Nothing in the will is mentioned about the clock; it just states that everything should be split 6 equal shares. I am very taken aback by what has happened.

    Cheers.
     
  2. Tim W

    Tim W Lawyer

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    A gift given during life is not normally part of the estate.
    So you need to be clear exactly when the clock became your property,
    as distinct from something your father still owned while alive,
    but which was simply located at your home, rather than at his.
     
  3. Jacqui Brauman

    Jacqui Brauman Well-Known Member

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    Agreed. The clock is no longer part of the estate, as it was given to you.
     

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