Nick Bruining Q+A: How can my terminally ill sister gift me her share of our grandmother’s estate?

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Q+A: ‘My grandmother recently passed away, leaving each of her grandchildren a one-third share of her estate. My sister is terminally ill. How can she give me her share without it affecting her pension?’

Question My grandmother recently passed away, leaving each of her grandchildren a one-third share of her estate. My sister is in her 40s and receives a Centrelink disability pension. With her very serious and terminal medical condition, she says she does not need the money. She has offered to give us her share of the estate. Would this money need to be declared on our tax returns? Answer I am very sorry to read of your sister’s circumstances. A distribution of the capital from a deceased estate is not usually assessable income, but there is another problem. Unfortunately, your sister’s well-intentioned gesture is captured under Centrelink’s deprivation, or “gifting”, rules.

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