A Sydney woman and National Disability Insurance Scheme (NDIS) worker, Justine Bosschieter, has been ordered to repay $200,000 she improperly obtained from her grandmother shortly before her death.
The New South Wales Supreme Court also ruled that Ms Bosschieter must cover the cost of cleaning up the deceased’s multi-million-dollar home, which she left in an uninhabitable state.
The case sheds light on a family dispute that spiralled out of control following the death of Ms Bosschieter’s 93-year-old grandmother in early 2022.
The Forestville property, which sold for $2.85 million after the grandmother’s passing, became the centrepiece of a legal battle over inheritance and allegations of undue influence.
In November 2021, during the height of COVID-19 restrictions, Ms Bosschieter drove her grandmother—reliant on an oxygen tank for breathing—to a local bank.
During this visit, the elderly woman transferred her life savings of $200,000 from a term deposit account into Ms Bosschieter’s personal account.
Evidence presented in court revealed that the grandmother, who had been experiencing mental decline in the months prior, had not sought legal advice before making the transfer.
Justice Slattery found that Ms Bosschieter had exerted undue influence on her grandmother, who was physically and emotionally dependent on her as both a carer and a gatekeeper to the outside world.
Two of the grandmother’s children testified that she had always intended for the term deposit to be divided equally among her four children—a claim the court accepted. Justice Slattery dismissed Ms Bosschieter’s argument that the transfer had been a spontaneous gift.
Ms Bosschieter had been living in the Forestville home with her grandmother at the time of her death, paying a reduced rent of $200 per week while receiving a carer’s pension from Centrelink.
Following the grandmother’s passing in February 2022 from COVID-19-related complications, Ms Bosschieter and her family continued to reside in the property for nearly two years.
The estate, managed by one of the deceased’s sons, repeatedly requested that Ms Bosschieter vacate the property.
However, when she finally moved out in November 2023, photographic evidence showed that the home had been left in a state of severe disrepair, with rubbish strewn across the property and significant damage requiring $55,000 in clean-up costs.
Justice Slattery condemned Ms Bosschieter’s actions, describing her conduct as “thoroughly discreditable.”
Despite inheriting one-fifth of her grandmother’s estate under the will, Ms Bosschieter launched legal proceedings in February 2023, seeking further provision to purchase a home, a second-hand car, and additional funds for savings and medical expenses.
The estate responded with a cross-claim to recover the $200,000 obtained from the term deposit.
The court ruled against Ms Bosschieter, ordering her to repay the $200,000 with interest and to cover the costs of cleaning the Forestville property. These amounts were deducted from her share of the estate.
