Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 6 February 2016.
Jane’s uncle, John, died just 10 days ago. John was a wealthy man who was a widower and had no children. Jane is a beneficiary under the terms of his will.
John was in fact, the husband of Jane’s father’s late sister.
Jane says that her relationship with John was closer than most uncle-niece relationships and that she was almost completely financially reliant upon John. Jane also says that she is in urgent need of funds to meet her immediate living expenses.
Jane’s solicitor advises her that she is able to initiate an urgent grant from the court to call-in the assets of the estate and seek a further order that the executors provide her with immediate funds to meet her expenses.
Jane instructs her solicitor to commence proceedings.
At an urgent hearing, the court considers Jane’s likely final distribution from the estate and evidence of her weekly living expenses.
The court hears that during the course of the past 10 years, Jane visited John every two or three weeks and that he would give her $3,000 each visit to pay for incidentals. In John’s later years, Jane visited twice a week and organised, and supervised, constant nursing care. Jane also assisted with household duties.
The court also hears that Jane is now unmarried and unemployed with no savings and no ability to borrow any funds.
The court finds that Jane was substantially dependent upon John and that she will, in the future, be entitled to a substantial part of John’s estate.
The court has the power to award Jane weekly payments out of the estate, but in the circumstances ordered the lump sum immediate payment of $150,000. The payment is conditional upon Jane’s ultimate inheritance being “charged” with repayment of the $150,000.
