Can a deceased estate be forced to pay for an adult child’s transgender surgery? Which case won?
Man dies leaving nothing to transgender daughter in his will
A 93-year-old man died on 22 March 2017.
In his lifetime, he had survived the Holocaust, emigrated to Australia and become a wealthy property developer.
He left behind a wife, two adult children and an Australian estate worth about $12.4 million.
By his will dated 15 May 2012, the deceased left the whole of his estate to his wife if she survived him. She was also appointed his executor.
If his wife did not survive him, then the deceased’s children and grandchildren would inherit his estate.
The deceased’s son was a businessman and operated a successful company.
The deceased also had a child who was biologically born a male. She identified as transgender and had been diagnosed with gender dysphoria.
The deceased and his wife found it difficult to accept their daughter’s identity. They were Orthodox Jews and had given their children a traditional Jewish family upbringing.
They became estranged from their daughter due to a variety of actions she took to distress and embarrass them.
However, the deceased continued to provide for his daughter financially until the day he died.
Daughter applies to Supreme Court for family provision order
Upon his death, the daughter applied to the Supreme Court for a family provision order.
She argued that her father owed her a moral duty to provide for her maintenance and support after his death, and asked the court for between $3.7 million and $5.56 million out of her father’s estate.
Her mother, as the executor of her husband’s will, responded that he owed no such moral duty and the daughter should not be granted the amount she was asking for from the estate.