JANE’S mother passes-away leaving an estate worth $3 million.

Under the will, Jane only receives some of her mother’s jewellery and a gift of $50,000.

The rest of the estate is shared amongst her siblings.

At the time of executing her will, Jane’s mother also made a statutory declaration stating that she considered the terms of her will in great detail and that the provision that Jane receives under the will was relatively small because she had been estranged from Jane for approximately ten years and during that time Jane had provided no support to her during her declining health and had deprived her of the relationship with her grandchildren.

Jane contests her mother’s will on the basis that she believes that she has not received “proper and adequate” provision.

Following the failure of a Court-ordered mediation, a seven-day trial ensues.

The Court hears that Jane’s brother, who receives most of the estate, worked on the family farm during the whole of his lifetime and provided substantial contributions to the estate and his mother’s welfare.

The Court also hears that Jane has accrued substantial debts.

She has no assets of any significant value and her sole source of income is a Centrelink pension.

The Court states that Jane’s estrangement from her mother is relevant but does not prevent the Court making an order in her favour.

Ultimately, the Court awards Jane the sum of $700,000, in light of her financial needs.

The Court also orders that Jane’s award is to be paid into a “discretionary trust”.

The trust is to be administered by Jane’s lawyer and her accountant and whilst Jane is the primary beneficiary, with a view to protecting the funds against creditors, the trustees are technically empowered to distribute funds to her children if it is not in Jane’s interests to make distributions directly to her.

Email Manny Wood, Principal Solicitor and Accredited Specialist in Wills and Estates at TB Law at manny@tblaw.net.au or call him on (02) 66 487 487.

This column is only accurate at today’s date and is not legal advice.

By Manny WOOD, Solicitor