Estranged child makes claim

MARY makes a will leaving the whole of her estate to her son David.

She makes no provision for her son Peter and her will includes a notation stating that “Peter has chosen not to communicate with me for many years”.

When Mary passes-away at the age of 80, she leaves an estate valued at $2 million.

Peter makes a claim against Mary’s estate.

At trial, the Court hears that Mary was left out of her parents’ wills and made a successful claim, so she was aware of what was involved in challenging a will.

Evidence regarding Mary’s intentions, in the form of lengthy handwritten statements by her, are put before the Court.

These statements demonstrate an estrangement between Mary and Peter of around 30 years. The statements refer to feelings of abandonment and hurt.

Mary describes feeling heartbroken and of an unfulfilled desire to have a relationship with her grandchildren.

She expresses disappointment due to the lack of support she received during her husband’s illness and ultimately his passing.

Peter’s affidavit details a relationship with his mother in which he says she was hostile and erratic and details a critical incident whereby he said Mary was unreasonably enraged with him for leaving the matrimonial home as a young adult.

Peter however concedes that he made limited attempts to reconcile.

The Court hears evidence that David had a close and devoted relationship with his mother.

Peter also claims that he is entitled to provision from Mary’s estate because he is approaching retirement and still resides in rental accommodation.

He also says that his wife has serious health problems which will need to be addressed in the future.

Peter does however hold a substantial superannuation fund.

David on the other hand, is also able to demonstrate substantial needs.
Ultimately, despite an estrangement of around 30 years, the court accepts that much of the blame was attributed to Mary, and awards Peter a lump sum of $400,000 plus payment of his legal costs.

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