Brother sues sister who pocketed 100% of their dad’s superannuation fund – which case won?
Will divides estate equally between two siblings
A case heard in the NSW Supreme Court concerned a battle between two siblings over a self-managed superannuation fund which had been established by their late father.
When the father died, the fund had approximately $1 million in assets. In his will, the father left his estate to be divided equally between his two children, who were an adult daughter and a young son.
The father’s will appointed his adult daughter the sole executor of his estate, as his son was too young to be a co-executor.
Daughter distributes assets of fund to herself, excluding her brother
Before his death, the father also appointed his daughter as the sole trustee of his self-managed superannuation fund. Despite her late father’s wish that his wealth be shared equally between his daughter and his son, the daughter distributed all of the $1 million in the self-managed superannuation fund to herself, to the exclusion of her young brother.
Was the daughter entitled to do this?