It is generally assumed that where a child is estranged from their parents, particularly in circumstances involving hostility or disentitling conduct on the child’s part, that the parent is entitled to disinherit them. This begs the question, can an estranged child contest the will?
Close Personal Relationships: What Constitutes Living Together?
To establish a Close Personal Relationship to make a family provision claim, applicants must show both that either or both parties were providing the other with domestic support and personal care and that they were living together. Begging the question, what constitutes ‘living together’ for the purposes of family provision.
Should Your Children Receive Equal Inheritances?
Nowadays, there is a societal expectation that siblings will receive equal provision their parent’s will. However, legally a parent is not obligated to treat their children equally and they can effectively distribute their estate however and to whomever they wish. So is it possible to contest a will on the basis that your sibling received a greater inheritance than you?
Are Parents Obligated to Leave an Inheritance for Their Adult Children?
In NSW, parents are under no legal obligations to leave an inheritance for their adult children. However, the succession legislation is underpinned by the assumption that children are the natural beneficiaries of their parents’ estates and adult children are automatically eligible to contest a will under family provision.
Does the Outcome of the Case Affect the Costs?
The costs of contesting a will in family provision are generally paid out of the estate, particularly where an applicant is successful. However, the outcome of the case can affect the costs order which the court sees fit to make, consequently, particularly in cases where the applicant is unsuccessful, the costs will not necessarily be paid out of the estate. The following cases provide an example of the range of costs orders which may be made in cases where the applicant is unsuccessful, demonstrating that the orders made will vary depending on the circumstances of the case.
Can Grandchildren Contest a Will?
Grandchildren of the Deceased can Contest their Grandparents Will provided that they were Wholly or Partly Dependant on the Deceased and, given the facts of the case, there are Factors Warranting the making of an application.