Plaintiff gambles on success of claim

JOANNE goes through a difficult divorce and later that year is dismissed from employment for stealing funds.

She moves in with her mother, Mary and tells her that she has a gambling problem.

Several years later, Mary sells her house and gives Joanne and her two other children an early inheritance of $50,000.

Within a couple of months of Joanne receiving the funds, Joanne has spent all of the money on gambling.

Mary is concerned about Joanne’s gambling and makes a new will, leaving her just 15 percent of her estate.

She leaves the bulk of her estate to her grandchildren.

When Mary passes away a couple of years later, Joanne makes a claim on her estate.

Joanne is 50 years of age, residing in a Housing Commission unit and has no significant assets other than a modest vehicle which is subject to a substantial car loan.

In assessing the merits of Joanne’s claim, the Court recognises that she received an early inheritance and takes this into consideration.

The Court also considers the financial position of Joanne’s siblings and the grandchildren, noting Mary’s wish to assist them financially in her will.

The Court does not view Joanne’s stealing conviction as relevant to her relationship with her mother and makes an order that Joanne receives one-third of Mary’s estate, together with the payment of the legal costs.

However, the Court views Joanne’s gambling as a serious problem and considers it appropriate to make further orders, to ensure that the funds are not wasted.

The Court orders that the NSW Trustee and Guardian is to hold Joanne’s one-third of the estate, on trust to apply up to $30,000 towards the purchase of a motor vehicle, up to $10,000 towards the purchase of furniture and appliances and for the balance to be held by the NSW Trustee and Guardian to be applied at its discretion towards Joanne’s support and welfare.

If YOU would like a particular issue addressed, please email me at manny@tblaw.net.au or call me on (02) 66 487 487.

 

By Manny WOOD, Solicitor