Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 4 August 2018.
Alan dies at the age of 50. He had not made a will.
Alan was survived by his second wife, Susan and two minor children to a previous relationship.
Because Alan did not have a will, his estate was to be distributed under the laws of intestacy and given that his estate has a value of $430,000, Susan is entitled to the whole of the estate and Alan’s children receive nothing.
Alan’s children commence proceedings, seeking provision from their father’s estate.
Susan, however was unable to be contacted despite numerous attempts including investigations by a private detective.
An independent lawyer was appointed as the administrator of the estate for the purposes of the proceedings.
The court ordered that Susan be served with notice of the proceedings by email and Facebook messenger, noting that she appeared to have an active account.
Susan did not respond.
The independent lawyer wishes to settle the children’s claim on the basis that they each receive half of the estate with the effect that Susan receives nothing.
The Supreme Court is asked to approve the settlement proposal.
The court is satisfied that reasonable steps had been taken to contact Susan and proceeded to determine the application in her absence.
The court hears that Alan’s children have no assets and suffer from various disabilities.
The court notes that Alan’s relationship with Susan was relatively short and that there had been a period of separation before death.
Although the court had no evidence relating to the financial circumstances of Susan, nor her financial needs, the court was satisfied that in the circumstances, Alan’s children did not receive “proper and adequate provision” and approved the settlement.
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.
