• ELDER LAW: Inexplicable gifts

  • Nov 3 2024
  • Length: 1 hr and 24 mins
  • Podcast

ELDER LAW: Inexplicable gifts

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  • Summary

  • CASE: Rydzewski v Rydzewski [2024] NSWSC 802

    Maria Rydzewski had 4 children: Kevin, Barbara, Danuta and Stan.

    In July 2016, Danuta died and Maria (who was 91 years old at the time) was deeply affected by her daughter's death.

    There became a rift in the family due to a dispute as to whether Stan had caused his mother to miss Danuta's funeral.

    A year later, Maria transfers two properties to her daughter-in-law Jenny and one property to her granddaughter Krystina. The reason for the transfers? In gratitude for the care they provided her AND to prevent Stan from inheriting any share of the properties.

    The transfers were done by a solicitor, Mr Ireland. Because Maria could not speak English, all of the instructions came from her translator, her daughter-in-law Jenny.

    This case raised many questions, some that remained unanswered.

    Did Stan cause his mother to miss Danuta's funeral?

    Did Maria have capacity in 2017 when she transferred the properties?

    Did she transfer the properties under influence or unconscionable conduct on the part of Jenny and Krystina?

    Did Maria get adequate legal advice from her solicitor?

    The answers to those questions would determine whether the property transfers would be voided.

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In the spirit of reconciliation, Audible acknowledges the Traditional Custodians of country throughout Australia and their connections to land, sea and community. We pay our respect to their elders past and present and extend that respect to all Aboriginal and Torres Strait Islander peoples today.