Hypothetical by Manny Wood Published in the Coffs Coast Advocate on 9 November 2019.
Doctor Scott dies by his own hand, leaving $100,000 to his son, Tim and leaves the rest of his $2 million estate to two charities.
CharityOne provides funding for medical research and CharityTwo provides aeromedical care. Dr Scott donated to these charities during his lifetime.
Tim described his relationship with his late father as “a poor one in many respects”.
In the 20 years before Dr Scott’s death, Tim says that he only saw his father on five or six occasions. Tim says that in the last year of his father’s life, they had frequent telephone conversations but that many of the conversations were unpleasant and argumentative.
Nonetheless, Tim challenges his late father’s will, seeking further provision from the estate.
Tim lives in rented accommodation and has no assets except for $50,000 in superannuation. His health condition prevents him from engaging in full-time employment.
Tim says that he needs to purchase a three-bedroom home near the water. As a keen fisherman, Tim says he needs a four-wheel drive and a new boat. He needs to furnish the new home and needs to supplement his superannuation fund. Tim also states that he needs funds to visit his mother overseas and go on a cruise.
Tim argues that his father had a moral duty to provide further provision to him and secondly, if his inheritance is not increased, he will have to remain on Centrelink benefits for life.
The Court rules that the poor relationship between Dr Scott and Tim was not Tim’s fault but on the basis that many of Tim’s wishes were “wants and not needs”, restricts his award to $600,000 with the effect that the charities also receive $600,000 each.
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.
