Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 5 November 2016.
Peter grew up under the impression that he was Harry’s biological child.
When Harry dies, Peter discovers that his will leaves the whole of his estate to his daughter, Joan and appoints her as his executor.Peter believes that as Harry’s child, he should receive provision from his estate. He attempts to settle the matter with Joan informally, on the basis that he receives 45% of the estate.
Jane is not willing to settle on this basis and offers Peter 10% of the estate. Peter rejects this offer.
Joan accepts that Peter had a very close relationship with Harry, but has always suspected that Peter was not in fact Harry’s child. Joan asks Peter to participate in a DNA parentage test.
Peter is upset by this request and commences proceedings in the Supreme Court seeking provision from Harry’s estate.
Joan raises her intention to seek an order from the court that parentage test be conducted and Peter eventually agrees to participate in the test. By this time both parties have incurred significant legal costs.
In September 2016 the results reveal that Peter is in fact not Harry’s child.
Peter now has no standing to make a claim because he is not a child of the deceased. He also has no standing because he was never a member of Harry’s household and was never dependent upon him, which is another category of eligibility.
Peter has no alternative but to seek leave from the court to discontinue his claim. The court grants his request.
Although Peter’s claim against the estate has now come to an end, Joan and Peter have a dispute as to how the legal costs are to be paid.
Peter claims that Harry’s estate should bear his costs. Jane says that if he had accepted her offer to settle on the basis that he received 10%, the legal costs could have been avoided.
Ironically, the matter goes back to court, at further expense, to resolve who pays the legal costs.
