In a Queensland case a stepchild was left out of the will of a step-parent. He subsequently sought provision from his step-mother’s estate. She had no natural children of her own. Her husband, the applicant’s father, had pre-deceased her. The applicant was her only step-child. In another situation a claim was brought by seven step-children for adequate provision out of their deceased stepmother’s estate.
Estranged daughter An estranged daughter contested her mother’s will. She and her sister were the only children of the deceased.1 Contesting the will of a parent is highly emotional, stressful and damaging to family relations. As observed by the Supreme Court of New South Wales: The case provides yet another example of the high level …
Estranged child left out of a will – claiming family provision Read More »
If the words “descendants” and “children” are being used to describe beneficiaries in a will, is it intended by that any step-grandchildren are included?
Adult children who feel they have not been provided or left out of their parent’s will altogether, may wish to make a claim for provision out of their deceased parent’s estate. Children of a deceased parent are eligible under family provision or testator’s family maintenance legislation to apply to the Court for an order for provision out of their deceased parent’s estate.
Illegitimate children are those born outside of marriage, or out of wedlock, in older terminology. These days the word “illegitimate” has largely been replaced in law by the term “ex-nuptial” – nuptial referring to marriage. Either way, can an ex-nuptial child inherit from their natural parents? Or contest a natural parent’s will for provision out of their estate? What if no will was left?
In succession law the court has discretionary power under family provision legislation to order provision from a deceased person’s estate to “eligible” applicants and in certain circumstances. It is not automatic.
The legal rules were introduced to remedy situations where willmakers failed to leave adequate provision for close family and certain other dependents as defined. It is not for second bites at the cherry. The court has wide power in deciding who pays costs of proceedings.
In general terms, all property (real and personal property) to which a person is entitled at the time they die can be disposed of or given away in a will.
Per stirpes (Latin, meaning by the stock) and per capita (by the head) are ways in which a person’s estate can be distributed among their descendants. They are terms referring to the different ways of distributing property among a group or class of people.