Estate Request Almost Goes Wrong

22 JANUARY 2025 WILLS & ESTATE PLANNING
Estate Request Almost Goes Wrong

In a case before the Supreme Court of NSW in December of 2024, a woman named Margaret passed away at the age of 93. Her granddaughter, Justine, took care of her in the several years before her death. Margaret left a will which gave Justine a fifth of her estate entitling her to $570,000. Shortly before her passing, Margaret had given Justine a gift of $200,000. Justine believed she deserved more from the estate. She argued that her portion was not enough for her to buy a home and a car. She argued that the gift was evidence of Margarets' gratitude for taking care of her. Justines' uncle, David, was the executor of the estate. David rejected Justine claim and argued that she was not eligible to any more of the estate. Additionally, he claimed that she had to return the $200,000 to the estate. David claimed that Justine had acted "unconscionable" in obtaining the gift. This would mean that Justine exploited her grandmothers weakened state for the gift. Justin had power over Margaret as her carer and attorney. Margaret was vulnerable due to her physical and mental decline when she decided to transfer the gift. He claimed Justine took advantage of these factors to influence Margaret into gifting her. This was without considering Margarets best interests. The Court ordered that the granddaughter should get more from the estate. It was only enough to return the $200,000 gift with interest calculated from the time she received it. The Court found that the grandmother was vulnerable and exploited by the granddaughter. This was due to the granddaughters' failure in getting appropriate legal advice in transferring the gift when considering her grandmothers' weakness and dependence. Despite Justines' actions, the Court believed Margaret still intended for her to receive the benefit under the will. To maintain this benefit, she was granted more of the estate to make up for her loss. This case highlights the importance of getting proper legal advice in circumstances where the person making the gift is vulnerable.