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Daniel
Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 5619
Experience:  Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
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I am a community nurse who has been looking after a

Customer Question

Hello
I am a community nurse who has been looking after a gentleman for approx 5 months. He has no friends and the only family he has is a sister that he does not like and has very little contact with. My professional duties are about to come to an end with him but as we have formed a close friendship we are going to keep in contact as friends.
He has a house plus a substantial amount of cash ( kept in a safe in the house), he has been adamant from day one that his sister is not to get the house in the event of his death. He is only 68 so death is not something that is imminent. His will at the moment gives the estate to a charity, not the sister.
Last night he rang me and told me he wants to change the will to leave me the estate. I told him no this is inappropriate given our professional relationship and that I cannot accept gratuities. He said that as of next week we are no longer in a professional relationship and will be regular friends and is adamant that giving me the estate to help out my family is his wish. I have in no way co erred this gentleman, in fact I have done the opposite and tried to talk him out of it with no luck.
My questions are:
1. Does the sister have a chance of challenging the will even though he does not want her to inherit the property?
2. From a legal point of view am I entitled to inherit given our past professional relationship?
Thanks
Submitted: 9 months ago.
Category: Australia Law
Expert:  Daniel replied 9 months ago.

Hello
1. The sister is not a dependant on him, so there is no real claim here on the face of it.

2. If you both develop a live in de facto relationship (I know it is platonic at the moment, but things may change) then you would be entitled to the estate regardless. Your past relationship does not change anything.

I would suggest having him draft up a will giving a sum, perhaps 1/3 of the estate to the sister and the remainder to you, thus negating a claim to the estate in court with the sister.

1/3 is a substantial amount. I know he wants to giver her nothing, but it beats having her contest the will after he passes away.

I wish to help you in this situation.

Customer: replied 9 months ago.
Thankyou. I am happily married and in no way looking for a relationship, we are and always will be platonic friends only.
Can my work stop me from inheriting as we are not allowed to accept gifts once I am no longer classified as his nurse
Expert:  Daniel replied 9 months ago.

Hello
I note the above.
No, your work cannot stop anything. They have no power to enforce anything.

Expert:  Daniel replied 9 months ago.

Hello
I note I have not received a response?
I wish to help you in this situation.

Expert:  Daniel replied 9 months ago.

Hello
I note I have not received a response?
I wish to help you in this situation.

Expert:  Daniel replied 9 months ago.

Hello
I note I have not received a response?
I wish to help you in this situation.

Expert:  Daniel replied 8 months ago.

Hello
I note I have not received a response?
I wish to help you in this situation.

Expert:  Daniel replied 8 months ago.

Hello
I note I have not received a response?
I wish to help you in this situation.