ALAN makes a will, leaving the whole of his estate to his three daughters.
However, shortly before he passes away, he makes a new will, leaving the whole of his estate to his neighbour, Henry.
When Alan passes away, his daughters seek legal advice and soon commence proceedings.
Henry says that he had formed a relationship with Alan, akin to the relationship of a father and son.
He says that Alan informed him that he had no ongoing relationship with his daughters.
It is revealed that Alan had sold his home to Henry for $700,000.
Alan’s daughters say the property was worth in excess of $1 million.
Henry says that Alan could not afford to continue to reside in his home and after suffering a fall, decided to sell the property to him.
Evidence is adduced, to the effect that at the time of the sale of his property, Alan was an elderly and frail man with some dementia and heart disease.
It was unclear whether he received sufficient legal and financial advice regarding the sale of the property.
Following the sale of the property, Alan moved in with Henry and Alan’s personal effects were sold.
Further evidence indicates that substantial sums were withdrawn from Alan’s bank accounts following the sale of property. Henry says the funds were for Alan’s benefit.
At the time of the hearing, Alan’s bank account had only small balances remaining.
Alan’s daughters claim that he had grown dependent upon Henry and was vulnerable to exploitation.
They say that the sale of Alan’s property to Henry should be set aside.
In terms of case management, given that Alan’s estate had been almost entirely dissipated prior to his death, the appointment of an independent administrator of his estate was not financially viable and the Court decides that it is appropriate to appoint one of his daughters in this role.
The Court approves the lodgement of the caveat over Alan’s home and adjourns the matter, pending further investigations regarding financial transactions both before and after Alan’s death.
Email Manny Wood, Principal Solicitor and Accredited Specialist in Wills and Estates at TB Law at manny@tblaw.net.au or call him on (02) 66 487 487.
This fictional column is not legal advice.
By Manny WOOD, Solicitor
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