Family provision claim made against brother’s estate

BARRY has never been married and has no children.

He has two sisters and a brother named William.

William retired from his work as a manual labourer at the age of 55 due to health reasons.

He assists Barry in maintaining his home and takes Barry shopping and drives him to his medical appointments.

William and Barry, as brothers, had a close relationship during most of their lifetimes, until they had a heated argument, regarding William’s driving ability.

In response, Barry makes a new will, appointing his two sisters as executors and giving his whole estate to them equally.

When Barry passes away, William makes a claim on his brother’s estate.

The Court hears that William received a disability pension for many years and now receives the aged pension.

There is evidence that William’s health has continued to decline and that he requires domestic assistance and ongoing medical treatment.

He resides in rental accommodation and has no substantial assets.

Accordingly, the Court accepts that William has significant financial needs.

Despite the evidence establishing William’s financial needs, the Court must also decide whether William falls within the definition of an “eligible person”, who has standing to make a claim.

For a sibling to be eligible, they must establish that they were a member of the same household and, in this case, that William was at least partly dependent upon Barry at some stage in his life.

The Court is satisfied that they were once members of the same household, having grown-up together.

The Court accepts that Barry may have been partly dependent upon William due to his assistance with the maintenance of his home and transport.

However, the Court finds that there is no evidence that William was ever dependent upon Barry.

Ultimately, the Court orders that despite being brothers, William was unable to prove that he satisfies the definition of being an “eligible person” and his claim against Barry’s estate is dismissed.

If YOU would like a particular issue addressed, please email me at manny@tblaw.net.au or call me on (02) 66 487 487.

 

By Manny WOOD, Solicitor