It is not uncommon for parents to exclude children from their will – especially where the relationship between the parent and the child has soured.
As you can imagine, the reasons for a breakdown of the relationship between a parent and child can be many and varied.
In a recent decision, the New South Wales Supreme Court had to determine whether a challenge by two adult children to their mother’s will would succeed.
The mother left her $1.6 million estate to her sister and specifically excluded her son and daughter because:
a) they had contested their father’s will;
b) they prevented her seeing her grandchildren; and
c) she had no ongoing relationship with either child.
The children’s explanation was that “it was all mum’s doing” – giving examples of their mother’s physical and verbal abuse towards them.
The court found that the relationship breakdown was mostly due to the mother’s behaviour and that the children had attempted to reconcile with her.
Ultimately, the court made orders that the son receive an amount from the estate of $250,000 and the daughter receive $300,000.
The court also made some comments on how it deals with estrangement and tensions within family relationships.
Every case is different!
Trent Wakerley, Director, Kruger Law, Level 3, Ocean Central, Ocean Street, Maroochydore, 5443 9600, krugerlaw.com.au
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