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 [...]

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Competing Relationships: Needs of De Facto vs Adult Children

Relationships and tragedy are a complex maze of emotions.  In the very sad case of Gore v Rouse [2017] QDC 98, Mr Gore was tragically killed in a tree lopping incident at the home of his de facto partner, Mrs Rouse. Mr Gore was 63 years old. Mr Gore was survived by three adult children, Tracey (from his first marriage), [...]

Family provision and 30 years of estrangement

I am always fascinated by the outcome of family provision claims where the applicant is an estranged adult child. Naturally, the case of Wright v Wright [2016] QDC 74 piqued my interest. The case involved a testator leaving a significant estate valued at approximately $1.7 million dollars. Within his last will, the testator elected to disinherit his children and benefit his siblings, [...]

Step-son successful in FPA on an estate worth $260k

Recently in Cairns, the District Court made an order for a step-son to receive a further $30k from an estate worth approximately $260k. In determining the matter, the court found that the applicant's net worth was fairly low as he headed towards retirement age and he had also contributed significantly to the maintenance and upkeep [...]

Family Provision Claim: Widower VS Adult Children x2

In the case of Hay v Public Trustee of Queensland & Anor [2014] QDC 107, His Honour Justice Baulch considered an application by 2 adult children against the estate of their late mother. The second respondent was the deceased's widower. In summary: Estate worth approx $300k (one house property) 2 adult children 1 widower deceased and [...]