sense of entitlement

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mary1954

Active Member
30 May 2019
9
0
31
When do you stop being dependant?
Martha lives with her husband and 2 adult daughters in her parents house(24 years). Parents have assets and $400,000 in the bank. They had good health except for the past 3 years. Her father becomes ill and goes to a nursing home. Mother stays at home with multiple carers including another sibling, day and night(costly). She has a small business running from the home and her husband has a $55,000 job. The assest provides income to fund carers.

Home is put up for sale by POA to fund nursing home RAD for father and invest remainder for future RAD for mother. Martha puts caveat on property to stop sale. She is unsuccessful. She is told months ago that she will need to look for another place. Her mother is moved into a smaller rental property for safety concerns with carers(and other sibling) still in attendance.

Martha has tried to prolong the move for as long as possible. The landlord is ready to evict her.
Does she have a possible future family provision claim?
She claims to have no savings, only debts.
All household utilities paid by parents.
She pays her own medical insurance, car expenses, and mobile phones.
She sends her daughters to private college.
She will inherit 1 million when the time comes.
When does she stop riding the gravy train.
What are her chances?
 

Atticus

Well-Known Member
6 February 2019
2,045
299
2,394
Does she have a possible future family provision claim?
She will inherit 1 million when the time comes.
I always thought that a family provision claim could only be made by an eligible person if they have been either left out of a will altogether, or their share was significantly less than what was expected, ie, told that the will was going to leave $XXX when in fact it turned out to be significantly less for example.

If she is a beneficiary to the tune of $1M, then unless the estate is huge or you have promised her much more than that, I suspect that her claim would fail
 

mary1954

Active Member
30 May 2019
9
0
31
thank you atticus
The will splits evenly 5 ways.
The POA has even suggested an advance as a loan but she is not willing to accept it.
I'm beginning to think she believes she will have a better chance if she's been "removed from her former home".
She couldn't wait to get out years ago("i have no privacy") and now she doesnt want to go.
 

mary1954

Active Member
30 May 2019
9
0
31
thank you atticus
The will splits evenly 5 ways.
The POA has even suggested an advance as a loan but she is not willing to accept it.
I'm beginning to think she believes she will have a better chance if she's been "removed from her former home".
She couldn't wait to get out years ago("i have no privacy") and now she doesnt want to go.