Australia Law
Have Australian law questions? Ask a lawyer now.
Connect one-on-one with {0} who will answer your question
Answered in 59 minutes by:
6/16/2022
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 52,728
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
VerifiedGood Afternoon
My name is ***** ***** I am a NSW Solicitor. I will do my best to assist you with your question. I wish to thank you for taking the time to speak with me today. Your question is important to you and it also is too me. I understand how you feel.
Because he has dementia he cannot make a will as he is not of sound mind.
The Person that has the POA cannot make a will for Bill
Only Bill can make one on his own.
if he passes it will be dealt with under the rules of intestacy
They say his wife is alive gets everything.
If he is not married or his wife has passed then his children get the estate equally.
The court will have to get involved even if there is a will.
If he has a will and leaves nothing to his daughter she can still apply to get a share.
These are always hard but what i have told you is the case.
I appreciate and thank you for your patience in this matter. I hope this has answered your question and put your mind at ease. If you have any other questions do not hesitate co contact me. Otherwise, it was my pleasure to help you today, and I thank you for chatting with me.
Thank you for using Justanswer and chatting with me today. I look forward to assist in the future as required.
Regards
Leon
How JustAnswer works
Describe your issueThe assistant will guide you
Chat 1:1 with a solicitorLicensed Experts are available 24/7
100% satisfaction guaranteeGet all the answers you need
Related Australia Law Questions
Have a relative (BiL) 85, who in now in aged care as has
Hello. Have a relative (BiL) 85, who in now in aged care as has worsening dementia, parkinsons, very difficult to read, write or man … read more
John Melis
Lawyer
Bachelor's Degree
35,824 satisfied customers
I have applied to the State Administrative Tribunal to be my
I have applied to the State Administrative Tribunal to be my husband's power of attorney and power of guardianship as he has recently been deemed not to have capacity due to ongoing health issues. My … read more
John Melis
Lawyer
Bachelor's Degree
35,824 satisfied customers
I have a question regarding my relationship status legally
Hi. I have a question regarding my relationship status legally and my Centrelink disability pension … read more
John Melis
Lawyer
Bachelor's Degree
35,824 satisfied customers
I have an 89 year old uncle who has been a resident of
Second opinion] I have an 89 year old uncle who has been a resident of catholic Healthcare Brighton NSW for some years. He has dementia and is in a secure unit. His financial affairs are managed theou… read more
Leon
Solicitor
Master's Degree
52,728 satisfied customers
Who can help me in the process of applying for enduring
Who can help me in the process of applying for enduring guardianship of my mother, i am her full time live in carer. Thank you Rosalie Wallace … read more
John Melis
Lawyer
Bachelor's Degree
35,824 satisfied customers
My mother passed away 3 weeks ago. My mother passed away 3
My mother passed away 3 weeks ago. In the years just before that, she was in government housing (in Perth, W.A.), with my brothers and sisters looking in on her. As she progressively changed from being quite independent to suffering dementia, my brothers and sisters shared the task of calling in on her and doing some general cleaning, preparing meals, and looking after her banking. I never thought to be kept informed of her financial affairs because my two sisters just took control of that. I now have reason to be suspicious that my mother's financial affairs might have been manipulated to favour at least one or both of those sisters. Also there were cleanliness issues in the unit where my mother lived, just before she was put into a nursing home, about 18 months ago. I am also concerned about my mother's will, not so much what I might be left with, but whether it was legally prepared before my mother's dementia was realised. Sorry, I started the previous message and when I hit the "enter" key to start a new line, my unfinished message was sent. I am the only son (my mother's oldest) of 5 surviving children, 2 sisters, 3 brothers, who lives in Brisbane, all the others are in Perth. … read more
John Melis
Lawyer
Bachelor's Degree
35,824 satisfied customers
Can a husband discharge wife from hospital. I am ringing on
I am ringing on behalf of my brother, we live 5 minutes from Hobart. His wife is in the early throes of dementia & has been in hospital for 10 days. They appear to be making her worse than she is, even though my brother looks after her all the time. He wants to take her home. What are his rights … read more
John Melis
Lawyer
Bachelor's Degree
35,824 satisfied customers
My mother has dementia she has been in aged care fo 10 - 11
My mother has dementia she has been in aged care fo 10 - 11 years, at that time of admission I had a fall out with siblings, and I instigated the move to the Public Trustee. My question is, … read more
Leon
Solicitor
Master's Degree
52,728 satisfied customers
I am 77 years old. My husband has been in an aged care
I am 77 years old. My husband has been in an aged care facility for dementia for two years. I have $120,000 in savings, no super and own my house outright. Centrelink have instructed his aged care hom… read more
John Melis
Lawyer
Bachelor's Degree
35,824 satisfied customers
I have had authority to deal for my mother for over 15
I have had authority to deal for my mother for over 15 years … read more
Leon
Solicitor
Master's Degree
52,728 satisfied customers
My question relates to a joint POA. Victoria. Have tried to
have tried to convince the other POA to see reason regarding a decision regarding the security a property owned by the person for whom they act as POA which has been vacated due to owner having dementia and has entered aged care. … read more
Leon
Solicitor
Master's Degree
52,728 satisfied customers
My husband Andi applied for guardianship of our adopted
My husband Andi applied for guardianship of our adopted Downes son who was 3 months when we did this he is now 40 but we were told we were already classed as his legal guardians but where he lives in … read more
Patrick H.
Lawyer
5,422 satisfied customers
Is it possible to contest a will on different grounds if you
Is it possible to contest a will on different grounds if you have just lost a contested will case… read more
Expert
My Mother, 90yrs old with dementia resident in a secure Dementia
My Mother, 90yrs old with dementia resident in a secure Dementia unit at an approved establishment was sexually assaulted by another resident. Attempted rape as far as we can ascertain as there does n… read more
Leon
Solicitor
Master's Degree
52,728 satisfied customers
Hi My Grandfathers original will left 50% of his will to my
Hi My Grandfather's original will left 50% of his will to my uncle and 50% to my Mother. He got Dementia and my mother at times acted as his primary carer until he had to be moved to a nursing home. A… read more
Brisbane-Lawyer
Lawyer & Solicitor
Master
14,357 satisfied customers
How can I stop my hostile brother from sending me vilifying
How can I stop my hostile brother from sending me vilifying emails with regard to my elderly parents' aged care? He has Power of Attorney, Guardianship, Executor of their Wills, Trust Account, etc. Th… read more
Brisbane-Lawyer
Lawyer & Solicitor
Master
14,357 satisfied customers
Hi, My mother is finally going to negotiation with the Cat
Hi, My mother is finally going to negotiation with the Cat Protection Society for the dividing of my Grandfather's estate. He promised Mum the whole thing (with is only the house) if she stayed at hom… read more
Leon
Solicitor
Master's Degree
52,728 satisfied customers
I would like to know where I can obtain the laws in regard
I would like to know where I can obtain the laws in regard to who can interfere with a burial site within a cemetery without contacting known family or authorised persons of the deseased. While local … read more
Brisbane-Lawyer
Lawyer & Solicitor
Master
14,357 satisfied customers
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.
JustAnswer in the News:
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
What Customers are Saying:
Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!
Edmond, OK
My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.
Redwood City, CA
I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.
Wichita, KS
PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.
Houston, TX
Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!
Atlanta, GA
It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.
Apopka, FL
Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.
Freshfield, Liverpool, UK
< Previous | Next >
Meet the Experts:
Sean
Experienced lawyer
855 satisfied customers
Law degree with 1st class honours from Australian National University.
Darren Kruse
Solicitor
16 satisfied customers
Practising in in Personal Injury, Workcover, Civil Disputes, Family, Wills and Estates and Criminal law.
John Melis
Lawyer
35,824 satisfied customers
Family Law, Commercial Law, Property law, Probate & Wills, Employment Law, International Law, Criminal and Traffic Law, Litigation Tribunal & Courts
Leon
Solicitor
52,728 satisfied customers
BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Daniel
Solicitor
7,683 satisfied customers
Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
Patrick H.
Lawyer
5,422 satisfied customers
Dip Law LPAB - Sydney based lawyer
James D. Ford
Solicitor
1,600 satisfied customers
Lawyer | Founder & CEO at Blue Ocean Law Group
< Previous | Next >
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.
