When someone contests a Will after being left out or not getting what they feel is their fair share, it’s more often than not that the surviving family want to suggest that that person’s conduct doesn’t entitlement to more, or sometimes anything. This is what us #lawnerds term as “disentitling conduct” in the context of…
Category: disentitling conduct
Fractured Relationship: abuse and estrangement in FPA, provision ordered (NSW)
In the first post of this year, it seems fitting to write on the topic of disentitling conduct and estrangement, given my research interests in this space. Sadly, late last year saw the NSW Supreme Court determine a family provision application by a son against his father’s estate in what was clearly a very difficult…
“Divorced from reality”: Appeal allowed in former spouse FPA claim (NSW)
Earlier this year, I was surprised to read a judgement where a former spouse successfully claimed for further provision from her former husband’s estate notwithstanding the pair had completed a property settlement 25 years prior. You can read my earlier post here. It may come as no surprise that the matter was appealed to the…
Excluded child’s claim dismissed: 40 years of estrangement after bitter divorce (NSW)
In case it’s not already evident to my readers, I have a particular interest in family provision cases that touch on disentitling conduct or estrangement. So, it’s no surprise this recent case in the Supreme Court of NSW caught my eye yesterday where a family provision application by an adult child, who was excluded from…
