Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 25 August 2018.
Nina dies at the age of 92 leaving no biological children but leaving two adopted children, Jim and Jane.
Nina adopted Jim and Jane shortly after their birth and they lived together during the whole of their childhood.
Under her will, Nina leaves Jane 15% of her estate, Jim 10% and the rest to Jane and Jim’s children.
The estate is worth $600,000.
Jim believes that he is entitled to a greater share of the estate and commences proceedings.
Two years before her death, whilst Jim was living with her, Nina obtained an AVO due to Jim allegedly assaulting her. The incident resulted in Nina suffering severe bruising and an admission to hospital.
It is alleged that Jim has a history of alcohol abuse and aggression and that he had stolen Nina’s Medicare card and pension card.
After the alleged assault, Nina sold the property and gave Jim $20,000 to help him relocate.
The court hears evidence that Jim had said to Nina that he “didn’t want anything to do with her”.
Jim had no further contact with Nina until her death.
At the hearing, Jim states that he is a single disability support pensioner. He says he has no assets and suffers from heart disease and depression.
Jim says he needs funds to buy a house, car and furniture.
The court accepts the evidence that there was an estrangement between Jim and Nina of two years prior to death but ultimately rules that Jim’s behaviour did not prevent him from making a successful claim and makes an order doubling his provision to 20% of Nina’s estate.
The total legal costs incurred during the course of a three-day hearing exceeded $140,000.
If you would like Manny to address a particular legal issue, send your request to manny.wood@ticliblaxland.com.au or call him on (02) 6648 7487.
