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Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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Any help would be great, thank you. My father-in-law has

Customer Question

Any help would be great, thank you.
My father-in-law has dementia, is 86 years old and was made to go to a home approx 3 years ago. His wife, 48 years old, did not look after him (that's another story). The guardship board appointed the public trustee ( PT) to be his power of attorney.
Now the wife wants money and got a lawyer to tell the PT to give her the money so they all agreed to sell the farm, which is not in her name, just my father-in-law's name. He would never agree to this as it's be in the family name for over 100 years, but because the PT has the power, they said it's in his best interest to sell the farm.
Theresa (his daughter ) has talked to the PT many times to try and stop them from selling the farm as there was no reason to move out of the farmhouse. She said the wife is not getting a divorce. She is just after the money, so we said "we will try and buy the farm" but could not get enough money, so the other idea was to read my father-in-law's last will and testament as he would not be able to go back anymore.
The wife wants out and wants money. So the will says T (daughter) is to get farm and pay the wife 130k - the farm's value is 280k - but the PT said no. They want to sell it cause it's in the best interest of her dad to sell the whole farm. They are saying he needs the money to look after him in the home but after looking at the account of the home, it's paid for via his pension money with some change.
So the question to ask is, has anyone heard of a will being acted upon or has been read before someone has died and if so, what case reference do I show my lawyer when the time comes to fight this in court over the next month as we did the last thing possible to us, by putting a caveat on the farm not to sell.
we have spoke to a lawyer here in hobart the other day but it seems he wants to give up fighting for us he told us to take the caveat off are fighting a losing battle ??
Thank you.
Best Regards
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.

Good Morning

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

I am sorry to be the bearer of bad news, but the will is not relevant because he is still alive.

The will only applies on death.

This is a typical separation case and if the father in law did not have dementia and was separating it would be the same the farm would have to be sold.

You are fighting a losing battle.

Do you know what amount of money the wife wants?