“My father can’t leave me out of his will just because we were estranged.” Which case won?
In October 2019, an 86-year-old man died, leaving behind three children and an estate valued at $368,805.
The deceased had separated from the children’s mother in 2004 and she died in 2012.
For over a decade prior to the deceased’s death, he and his eldest child, B, were completely estranged. This followed B supporting her mother in the family law proceedings between her parents.
The deceased’s 2008 will bequeathed just $100 dollars to B and included a detailed explanation for this rejection.
The man’s will appointed B’s siblings, G and C, as executors of the estate and left the whole of that estate to them in equal shares, save for the $100 left to B.
“I gave my daughter money to buy her property, so I should have part ownership.” Which case won?
A case in New South Wales concerned a claim to part ownership of a property.
A woman obtained $147,000 by selling her home and gave the money to her daughter and son-in-law over the period between November 2012 and January 2013, for the purchase of a property in Casula, in south-western Sydney.
The daughter and son-in-law agreed the mother would live with them at the Casula property. The three had agreed that the mother would live in a separate part of the house.
However, another aspect of the arrangement was ambiguous. While the mother thought she would reside with her daughter and son-in-law forever, they thought she would stay with them long term, but not forever.
