No Relationship (Estrangement) – Can I Contest the Will?
Estranged Daughter of Deceased Father Successfully Contests his Will
The Victorian Supreme Court first instance and Court of Appeal 17 August 2023 decision to give additional provision to a deceased father’s estranged daughter demonstrates the Court is prepared to give meaningful provision to an adult child even in the absence of any relationship.
Daughter Contesting the Will – Case Details – Estate of Milan Janson
- Mr Janson’s estate was worth $3.179 million approx. when he died.
- His Will divided his net estate into 100 parts and only 1 part (1%) was left to his
- daughter Ellen Gash (the daughter). His Will set out detailed reasons why the daughter had been left so little from his Estate.
- The reasons included that the daughter had shown no interest in her father or mother, not seen her mother for 15 years and father for 25 years, had not contacted her dying mother nor attended her funeral and in the father`s words caused great pain to her parents.
- The daughter contested the Will in claiming her father had a moral duty to provide additional provision for her proper maintenance and support.
Contesting the Will Decision- No Relationship (Estrangement) – Key Points
- The daughter successfully contested the Will in the Court at first instance awarding her additional provision (10% of the net estate).
- The Court found the daughter was an eligible claimant notwithstanding her relationship with her father was almost non-existent (estrangement) and that she and her father had led separate lives.
- Despite estrangement (no relationship) it was settled law that an adult child who had fallen on hard times and where there are assets available, community expectation expects a parent to provide meaningful provision as a buffer against cost of living needs & contingencies.
- Whilst the Court was entitled to take into account the nature of the father/ daughter relationship in giving lesser provision than if there had been a loving relationship estrangement/ no relationship would unlikely defeat a Will contest claim.
- The daughter successfully appealed the Will contest 10% net estate additional provision to the Court of Appeal who increased it to 15% of the net estate in finding that further provision was required for her proper maintenance and support.
Did you have no relationship or estrangement with your deceased parent?
Does the Will set out reasons why you have been left out as a beneficiary?
Do you have a case to contest the Will?
Galbally & O’Bryan’s Will Contest lawyers can provide you with advice. Partner Andrew O’Bryan and Senior Associate Carl Wilson are expert Wills lawyers and can offer free phone/ first consultation advice. Subject to case circumstances our Will contest lawyers may ,be able to act “no win no fee”.
Galbally & O’Bryan is one of Victoria’s leading Contest Wills law firms. We have offices at Melbourne, Dandenong and Pakenham.
How to contact us
Contact out Wills & Estates lawyers
Andrew O'Bryan
Galbally & O'Bryan
Lawyers
259 William Street
MELBOURNE VIC 3000
T (03) 9200 2533 I M 0400 469 704
E aobryan@galballyobryan.com.au
Carl Wilson
Galbally & O'Bryan
Lawyers
259 William Street
MELBOURNE VIC 3000
T (03) 9200 2533
E cwilson@galballyobryan.com.au
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Shop 9 / 147-151 Foster Street
DANDENONG VIC 3175
T (03) 9769 2510
E nglavic@galballyobryan.com.au
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PAKENHAM VIC 3810
T (03) 5941 7990
E pakenham@galballyobryan.com.au