Article by Manny Wood published in the Coffs Coast News Of The Area on 11 August 2023.
Peter has two children, Amy and Sam.
At the age of 17, Amy developed a heroin addiction and was soon charged with offences relating to shoplifting and soliciting drugs, resulting in her being imprisoned several times.
For years, Peter’s relationship with Amy is plagued by periods of estrangement and tension.
When Peter is ultimately admitted into aged care, Sam visits him each week. Amy only visits her father a few times over the next four years.
Peter makes a will, leaving just $100,000 to his daughter Amy, $20,000 to each of his grandchildren and the rest of his estate to his son, Sam.
Peter passes-away leaving an estate worth $1 million.
Amy makes a claim against Peter’s estate. She argues that $100,000 is not “proper and adequate”. She asks the Court to award her half of Peter’s estate so she can buy a house.
Amy suffers from a number of health challenges, including cognitive disorders. She receives support through the National disability insurance scheme. Amy has no assets of value and survives on her disability pension.
Sam, a recent divorcee, also has no assets of any value and also relies on a government pension as his sole source of income.
The Court states that its task is not to rewrite the will but rather, to respect as far as possible Peter’s wishes, also stating that there is no requirement for the Court to provide accommodation for an adult child.
Nonetheless, the Court finds that Amy needs additional financial support to provide her with a cushion against the significant “vicissitudes of life” that she faces and to improve her current living environment.
The Court awards Amy an additional $100,000, to be held on protective trust on the basis that the provision of a large sum of money is fraught with risks, namely the temptation to again succumb to drug addiction.
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.
