NSW Gift from parent

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tashelvins00

Member
25 August 2020
1
0
1
Hi
My parent wants to give me a gift of $100,000 before he passes away. I have bee told though that my sisters can contest this gift when my parent passes away and ask that as part of the will I share it between them. They are already in the will, as we all are. Does anyone know if this is correct?
 

winston wolf

Well-Known Member
21 April 2014
424
115
894
Adelaide
changefpa.com.au
If your in NSW anything that was part of the estate up to 3 years prior to death can be considered "notional estate" and brought back into the estate for distribution.
Regardless of the this, this would be considered if the will was challenged through a Family Provision Claim.

So even if it wasn't brought back in it could be taken from your share if there was enough in the estate. This is true for all states.