After passing of my mother my sister was not in her will the…

Hello and thank you for your question.

Although you do not say, if the NSWTG made a claim on your sister's behalf on your mother's estate, it suggests she is under some kind of serious mental disability. The trust was likely able to succeed in securing a settlement because under family provision laws, parents are generally obliged to make provision for disabled or needy children if the estate has sufficient assets, and so it is not surprising that a deed of arrangement was entered into whereby she secured at least a share of your mother's estate.

If you are then listed as your sister's sole beneficiary, it means that upon her death her assets should pass to you. Whilst it is always possible that distribution of your sister's estate could also be contested, it would have to be by someone with a similarly strong claim.

Under the provision laws, only certain classes of persons can make such a claim, and to succeed usually have to have a compelling basis for doing so. It is not sufficient that a person merely is a child or other close relation, they would have to have a compelling reason convincing the court that they should be given some share of the estate more than other competing beneficiaries such as yourself.

If it is the case that you were induced to sign the deed of arrangement on the basis that you would ultimately receive any funds which your sister's care by the NSWTG did not dissipate, then it would seem most unlikely a court would later deny you your sister's estate when she ultimately passes away.

I trust this assists your understanding.

Good luck and please rate my answer.

Patrick