Claim on Grandfather’s estate amid history of drug abuse

PETER’S parents divorce when he is ten years of age.

Peter resides with his mother during his teenage years and has little to do with his father.

In his late teens, Peter develops a heroin addiction.

This addiction led to Peter being on the methadone program and was a factor in Peter committing various criminal offences.

Peter moves into public housing at the age of 25 and his relationship with his mother deteriorates.

Peter looks to his grandfather for support during these difficult times and lives with him for several weeks at a time, and on one occasion, lives in a unit that his grandfather owned for a month.

Peter’s grandfather also arranges work opportunities for him, but due to Peter’s drug problems, his employment did not last.

During the last ten years of his grandfather’s life, his health declines as does his relationship with Peter.
When his grandfather’s will is read, Peter is disappointed to discover that he does not receive anything.

Two years pass before Peter decides to make a claim on his grandfather’s estate.

Peter’s father, David is the executor of the will and is named as the defendant in the proceedings.

The claim is made outside the twelve-month limitation period, but the Court grants an extension, because the estate had not been distributed and no party was “prejudiced” by the extension.

The Court finds that Peter is eligible to make a claim, because he was partly dependent upon his grandfather.

The Court considers the dependency to be largely emotional because his grandfather became a senior male figure in Peter’s life after his parents divorced.

The Court awards Peter the sum of $150,000, to be held by the New South Wales Trustee and Guardian and orders that $50,000 is to be set aside to pay the costs of a drug rehabilitation program and for the remaining $100,000 to be managed for Peter’s benefit generally.

Peter’s legal costs are also ordered to be paid out of his grandfather’s estate.

Email Manny Wood, principal solicitor at manny@tblaw.net.au or call him on (02) 66 487 487.

By Manny WOOD, Solicitor