Estrangement between parents and children can create significant complications when it comes to inheritance rights. While Australian law upholds the principle of testamentary freedom—the right to distribute your estate as you see fit—it also allows certain individuals to challenge a will if they believe they have been unfairly left out. This creates a complex legal landscape where a parent’s decision to disinherit an estranged child may not always be final.
Under the Succession Act 2006 (NSW), an eligible person, including a child of the deceased, can make a family provision claim if they were not adequately provided for in the will. The court will assess such claims based on multiple factors, including the financial needs of the claimant, the size of the estate, and the nature of the relationship between the deceased and the estranged child.
For individuals considering disinheritance, seeking professional legal advice from an inheritance lawyer is crucial to understanding the risks and legal ramifications of such decisions. CM Lawyers, a trusted firm specializing in family law and wills and estates, provides expert guidance on estate planning to help ensure your wishes are legally sound and protected.
When Estrangement Affects Inheritance: A Case Study
William had built a successful life through hard work and careful financial planning. However, his relationship with his only son, Matthew, had been strained for years. Their estrangement stemmed from long-standing conflicts, including disputes over money and lifestyle choices. Despite William’s efforts at reconciliation, Matthew remained distant.
Frustrated and disappointed, William decided to update his will, explicitly excluding Matthew from inheriting any portion of his estate. He believed this decision was final. However, after William’s passing, Matthew made a family provision claim, arguing that he had financial needs that justified receiving a share of the estate. The court considered various factors, including the length and cause of estrangement, Matthew’s financial situation, and whether William had a moral obligation to provide for him.
How the Law Handles Estranged Children in Will Disputes
Even in cases of prolonged estrangement, the courts do not automatically uphold a parent’s decision to disinherit a child. Instead, they evaluate several key factors:
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Cause and Duration of Estrangement: Courts examine the reason behind the breakdown in the parent-child relationship. If the estrangement was caused by the parent’s actions, the child’s claim may be stronger.
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Attempts at Reconciliation: If a child made genuine efforts to reconnect but was rejected, the court may consider this in their favor.
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Financial Circumstances: The claimant’s need for financial support plays a crucial role in determining whether they should receive a share of the estate.
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Size of the Estate and Other Beneficiaries: The court weighs the impact of awarding provision to an estranged child against the needs of other beneficiaries.
Case Law Illustrations
Several key cases highlight the varying outcomes in inheritance disputes involving estrangement:
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Andrew v Andrew [2012] NSWCA 308: The court awarded a daughter additional inheritance despite 35 years of estrangement, as there was no clear reason for the severed relationship.
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Burke v Burke [2015] NSWCA 195: The court upheld a mother’s decision to disinherit her son after 20 years of no contact, ruling that the son had no rational cause for his estrangement and was undeserving of a share in the estate.
These cases demonstrate that outcomes depend heavily on individual circumstances, reinforcing the need for careful estate planning with an inheritance lawyer or inheritance solicitor.
Protecting Your Estate from Contested Claims
If you wish to disinherit an estranged child, consider these steps to strengthen your estate plan:
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Clearly Document Reasons: A separate, signed document explaining the estrangement can provide valuable evidence if the will is contested.
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Leave a Nominal Bequest: Some parents opt to leave a small amount rather than completely excluding a child, as this can discourage legal challenges.
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Regularly Update Your Will: Ensure your will reflects current relationships and family dynamics.
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Consider a Testamentary Trust: This can provide controlled financial support without granting direct access to the inheritance.
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Explore an Estate Loan to Buyout Siblings: If you want to keep an estate asset in the family while addressing potential claims, an estate loan to buyout siblings can be a viable financial strategy.
How CM Lawyers Can Assist
Estate disputes involving estrangement can be complex and emotionally charged. CM Lawyers, an experienced family and wills and estates firm, offers tailored legal solutions to help individuals:
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Draft wills that minimize the risk of successful claims by estranged family members.
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Provide expert advice on navigating family provision claims.
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Represent clients in inheritance disputes to ensure their interests are protected.
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Assist with securing an estate loan to buyout siblings when managing estate assets.
Conclusion
Estrangement does not automatically disqualify a child from inheriting, nor does it guarantee their success in challenging a will. Courts assess each case individually, considering moral obligations, financial need, and family history. Whether you are drafting a will, considering disinheritance, or defending an estate from a family provision claim, CM Lawyers can provide the legal expertise needed to safeguard your wishes.
For expert advice on wills, estates, and inheritance disputes, contact CM Lawyers today to schedule a consultation with an inheritance lawyer near me. For those seeking probate assistance, consult probate lawyers near me. If you need help drafting a will, consider a lawyer for wills near me.
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