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Opportunistic Siblings

Lately I read an article about a man who took care of his father for 23 years. His father then gave him $20,000 and a vehicle. He has concerns his opportunistic siblings might contest it. The caring society in Malaysia takes care of our elderly. This is our culture, it can be quite challenging at times but the care and love they gave us was unparalleled and we want to give them the same. However if you have siblings then the care could be different in both positive and negative ways. Sometimes parents prefer to live in one child’s house as compared to others. This may cause some sibling rivalry. But as you know, family is a very complicated matter. No two families are the same.

Back to the article. In this case the man was gifted by his father while he was still alive. The money was deposited into an account under the son’s name and the car was also transferred to the son’s name. Could it be contested upon the father’s death? Probably yes amongst the family but it will not stand up in court. And it need not be in the father’s will.

Gifts made during the donor’s lifetime are more difficult to contest than wills, as the article’s response states. Gifts are not subject to probate, a will, or its provisions for the division of an estate. The donor must have the mental capacity to have made the gift, but it is very difficult to contest such capacity after the fact.

If you are in a similar situation, you have nothing to worry about, legally. How as I mentioned, family can be a complicated thing. If you have reason to believe your siblings will contest it, then get it in writing now. It’s cleaner that way.

Where there is a Will,
Praba Pillai

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