Hypothetical by Manny Wood published in the Coffs Coast News Of The Area on 6 November 2020.
Jane has not seen her only son, Peter in 16 years. She has developed a close relationship with her niece, Donna who has been her primary carer over the last year, during Jane’s battle with cancer. Donna has also been assisting Jane with her finances, under a power of attorney.
Jane feels that in circumstances where Peter has not been there for her during her trying times, she does not want to reward him, by leaving him an inheritance. Jane makes a will leaving the whole of her estate to Donna, who she refers to as “the daughter she never had”.
When Jane passes-away at the age of 80, her estate is valued at $450,000.
Peter, aged 58, makes a claim on Jane’s estate.
The Court finds that generally, Jane and Peter’s relationship was seriously strained. The Court also finds that there was a specific incident on Peter’s 40th birthday whereby Jane became very upset because she was not invited to attend. There was a heated exchange which led to an estrangement for 16 years, during which Peter made no attempt to reconnect or reconcile with Jane.
Peter discloses his assets at the hearing as including a $600,000 home, owned outright, a $200,000 term deposit and other assets, including a vehicle, caravan and boat valued together at $200,000. He states that to a large extent, his assets resulted from an inheritance from his grandmother.
The Court finds that Peter’s current financial circumstances are comfortable but that he has legitimate future financial needs due to his limited earning capacity and imminent retirement.
The Court awards Peter one-third of Jane’s estate.
The legal costs that were ordered to be paid from the estate, total $150,000.
If YOU would like a particular issue addressed please email Manny at manny.wood@ticliblaxland.com.au or call him on (02) 6648 7487.
