WENDY passes away, leaving four adult children.
One of her children, Larry has been through an acrimonious and expensive family law property settlement and as a consequence no longer owns a home.
Wendy’s other children are relatively well-off, so she makes a Will, giving her home to Larry and the rest of her estate to her other three children.
When Wendy passes-away, Larry is surprised by his mother’s generosity.
His siblings are pleased that Larry no longer needs to worry about a place to live and do not look to disturb their mother’s wishes.
However, shortly after moving into his mother’s home, Larry suffers a fatal heart attack.
This occurs just six months after his mother’s death.
Although Larry had been separated from his wife for several years, he never formalised a divorce and because he did not have a Will, his wife is now entitled to receive the house, under the laws of intestacy.
When Larry’s siblings find out that his estranged wife will now inherit the family home, they are furious and obtain immediate legal advice.
They are advised that they have no standing to make a claim against their brother’s estate, because they were never dependent upon him.
Nonetheless, they are advised that they can make a claim against their mother’s estate provided the claim is initiated within 12 months of her date of death.
They are further advised that the claim will only have reasonable prospects of success if they can demonstrate that the applicant has financial needs.
Their solicitor discovers that one of them now suffers from a health condition which will affect his ability to work fulltime, delaying his planned retirement.
The condition will also mean that he has substantial future medical expenses and the need for a fund to meet “contingencies”.
An application is made in the Supreme Court and Larry’s wife is appointed as defendant to oppose the claim.
The Court ultimately rules that the family home is to be sold and from the proceeds, the applicant is to receive $450,000.
Email Manny Wood, Principal Solicitor and Accredited Specialist in Wills and Estates at TB Law at manny@tblaw.net.au or call him on (02) 66 487 487.
This fictional column is not legal advice.
By Manny WOOD, Solicitor
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