HARRY makes a will, leaving 50 percent of his estate to his eldest son, Steven.
His other son, Robert receives just 15 percent and the rest of the estate is to be distributed amongst other family members and friends.
When Harry passes away three years later, his estate is valued at $3 million.
After Harry’s death, Robert receives a copy of his late father’s will and is unhappy that he receives a much smaller share of the estate then his older brother.
Robert makes a claim against his father’s estate seeking further provision on the basis that he believes 15 percent of the estate does not constitute “proper and adequate” provision.
A Court ordered mediation is unsuccessful and the case proceeds to a hearing.
Robert is cross-examined and he describes his relationship with his father as “difficult and dysfunctional” although regular contact was maintained.
However, it comes to light that some 15 years before Harry’s death, he questioned Robert about allegations of domestic violence regarding Robert’s wife.
The Court hears that after this discussion, contact between Harry and Robert ceased.
Robert denies the allegations, but his wife fails to provide evidence to the contrary.
The Court notes that Harry’s last Will contains a clause stating that he and Robert had been estranged and that Robert showed a “lack of concern” and made “no attempt to reconcile”.
Steven, on the other hand, gives evidence that he had a close relationship with Harry, which included caring for him during his illness towards the end of his life.
The Court accepts that Robert has “fallen on hard times” and has financial needs, which would otherwise assist his claim but in light of the estrangement between Robert and his father, the Court concludes that Harry did not have a moral obligation to provide Robert with more than 15 percent of his estate.
Ultimately, Robert’s claim fails completely and he is ordered to pay the estate’s legal costs as well as his own, with the effect that his inheritance, which would have been approximately $450,000, is halved.
This fictional column is not legal advice.
By Manny WOOD, Solicitor
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