Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 10 November 2018.
Mary leaves an estate valued at $1 million.
Mary has two children, Peter and Liam.
Since Liam’s marriage in 1990, he had “little or nothing to do” with Mary and did not allow her to spend any time with his children.
During the 10 years before Mary’s husband’s passing, he suffered many bouts of poor health, including quadruple bypass surgery, kidney failure and Alzheimer’s disease. During these times, Liam had never been of any “support or comfort” to his parents, despite Mary writing to him, stating that their health is “suffering from the pain we are experiencing through being separated from you” and asking Liam to please contact her. Mary also asked in the letter, why the “separation” took place.
Liam replied to the letter stating; “I have accepted that things are better this way” and “it is best for everyone if we get on with our own lives”.
Peter on the other hand, looked after his parents “in every way he could”.
Mary decides to leave Liam without any provision from the estate and instead, leaves $20,000 to each of his children. She leaves the rest of her estate to Peter.
Liam challenges his mother’s estate, seeking $450,000.
The court examines Liam’s financial circumstances and notes that he and his wife own a million-dollar property subject to a mortgage of $400,000 and that their combined incomes are around $100,000 per annum.
The court states that if Liam had a “supportive and loving relationship with his parents” he would have a greater claim.
Liam is ultimately awarded a “nominal” lump sum of $75,000.
Liam’s legal costs involved in a two-day hearing exceed $150,000 with the estate bearing the burden of most of these costs.
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.
