Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 26 August 2017.
Paul and Julie separated after an 18-month relationship. They had a child named Robert.
Paul had no contact with Robert for 35 years before Paul’s death at the age of 65.
Paul believed that Julie had been unfaithful to him and that Robert was not his biological child.
Paul died leaving a de facto spouse of 30 years standing and left his million-dollar estate to her.
Paul’s last will was prepared by the NSW Public Trustee.
Robert commences proceedings against the NSW Public Trustee as executor of Paul’s estate.
The court notes that Julie received funds by way of a property settlement when she separated from Paul.
The evidence indicates that Paul had considered Robert as a potential beneficiary when he made his will, but decided not to include him.
Paul’s will states that if his de facto spouse died before him, his estate would be divided amongst four charities.
The court examines Robert’s financial needs and notes that he has four children and lives in rented accommodation with no significant assets. Robert and his wife are unemployed.
Robert claims that he sent two letters to Paul in an attempt to contact him, but the letters were “returned to sender”.
DNA evidence concludes that Robert is in fact Paul’s biological child.
The court refers to the matter as a “bare paternity case” but states that in the circumstances, Paul had an obligation to provide for Robert in his will.
The court states that although Robert had no contact with Paul during his lifetime, it was because of Paul’s “attitude”.
After assessing the competing interests, the court orders that Robert is to receive a lump sum of $100,000.
If you would like Manny to address a particular legal issue, send your request to manny.wood@ticliblaxland.com.au or call him on (02) 6648 7487.
