Article by Manny Wood published in the Coffs Coast News Of The Area on 1 August 2025.
Over a 10-year period, pursuant to orders of the Family Court, Gary pays child support to Scott’s mother. Otherwise, Gary has no personal contact with Scott.
When Scott turns 18, he endeavours to have contact with Gary but Gary refuses unless Scott submits to DNA testing. Scott declines to do so.
Decades pass and when Gary is in his late 70s, Scott writes him a letter, stating that he wishes to meet with him to have an opportunity to get to know him and understand the “missing” person in his life.
Scott receives a response from Gary’s lawyer, again asking him to submit to a DNA test. Scott is also advised that Gary is in ill health, following a diagnosis of bone cancer.
Unfortunately, Gary passes away shortly thereafter.
Scott soon discovers that he is not mentioned in Gary’s will, which leaves everything to his wife, with whom he had been married for more than 30 years. The estate is valued at $20 million.
Scott makes a “family provision” claim against Gary’s estate, seeking “provision for his proper maintenance, education and advancement in life” being an “eligible person” as a child of the deceased.
The Court hears that Scott was raised by his single mother and apart from the compulsory child support payments, received no material support or acknowledgement from Gary.
In the absence of evidence to the contrary, the Court accepts the ruling of the Family Court regarding parentage but states that the mere fact of paternity is not enough to justify an award in Scott’s favour.
Scott argues that he was in no way at fault in relation to the absence of a relationship with his father, whilst the defence argues that the lengthy estrangement constitutes “disentitling conduct”, which in the circumstances, absolved Gary of any moral obligation to make provision for Scott in his will.
However, the Court accepts Scott’s evidence that the lack of love, support or encouragement ordinarily associated with the paternal relationship led to emotional hurt and in light of his financial needs, awards him $1.5 million.
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 fictional column is not legal advice.
