Just in Case Law

ELDER LAW: Granny flat gone wrong


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CASE: McFarlane v McFarlane [2021] VSC 197

In 2015, Judith McFarlane signed over her house to her son Mark McFarlane in exchange for "natural love and affection".

The very next year, Judith moved into aged care and had no money to pay for her nursing home accommodation or care fees.

Transferring the house to Mark not only took away her main asset, but also caused her to lose her pension.

In 2018, the State Trustees acting for Judith took Mark to Court to try to get her house back. Not only that, but they also wanted compensation for the lost pension.


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Just in Case LawBy Tanya Chapman


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