Legal Hypothetical: Secret daughter emerges to claim father’s estate

IN tragic circumstances, Wendy’s son, William, passes away.

Aware that William did not have a Will, Wendy contacts a solicitor to commence the administration of her late son’s estate. Wendy believes that she is William’s “next of kin” on the basis that William was never married, was not in a de facto relationship when he passed, and did not have any children.

William’s father passed-away several years ago.

Wendy makes enquiries with William’s bank and superannuation fund.

Wendy files an application to obtain a grant of “letters of administration”.

This is similar to a grant of probate, but is issued when a deceased person does not leave a Will.

The grant is made by the Supreme Court and is evidence that Wendy has the authority to deal with William’s estate.

One month after the application is filed with the Court, she receives a call from Amy, claiming to be William’s daughter.

She tells Wendy that William was aware of her existence, but chose not to be a part of her life.

Wendy is shocked by the news and refuses to believe that the allegation is true.

Amy files a caveat in the Probate Registry preventing a grant from being made to Wendy.

This is because in circumstances where there is no Will, if Amy is found to be William’s only child, she is entitled to the whole of his estate and is entitled to be the sole administrator of his estate as his next of kin.

The matter proceeds as a contested matter in the Supreme Court but because William is not named on Amy’s birth certificate, she has no evidence that she is his daughter.

The Judge orders DNA testing and when the results are received, it is revealed that Amy is in fact, William’s child.

Wendy is left with no choice but to withdraw her application to obtain a grant, which is ultimately awarded to Amy.

Wendy makes a claim for “commission”, being a lump sum payment for her “pains and troubles” in administering William’s estate, which is also rejected by the Court.

This fictional column is not legal advice.

By Manny WOOD, Solicitor