BETTY has two sons, Matthew and Daniel.
She makes a will and sadly passes-away just a few days’ later.
The will appoints Matthew as the executor.
Daniel receives a lump sum legacy of $300,000 and Matthew receives the rest of the estate.
When Daniel discovers that the estate is worth $3.5 million, he obtains legal advice.
Within the limitation period of 12 months after the date of Betty’s death, Daniel files a Summons in the Supreme Court, seeking an order that he receive additional provision from Betty’s estate.
The parties attempt to resolve the matter at a Court ordered mediation, which is attended by the parties’ solicitors and their barristers.
Unfortunately, the mediation is unsuccessful and the matter proceeds to a hearing, 12 months’ later.
At the hearing, Daniel’s legal team argue that he should be awarded sufficient funds to pay his debts, a lump sum to pay for medical expenses, a substantial contribution towards his superannuation and sufficient funds to purchase a home, all totalling approximately $1.7 million.
It comes to light that Betty made a statutory declaration at the time of making her will.
It states that she witnessed her sons engaged in a physical altercation in which Matthew was injured and the police called. She states that the incident left her “stressed” and “embarrassed”.
The Stat Dec also states that Daniel had frequently assisted Betty financially over the years and cites examples such as paying for food and electricity.
It also states that Betty thought that she needed to leave Daniel “something” to stop him challenging the will.
In the final submissions to the Court, made on Daniel’s behalf, his Counsel seek a lump sum of $1 million, stating that his relationship with his brother was not relevant.
On the other hand, Matthew’s legal team argue that Betty was “coherent and capable” when she made the will and that she properly assessed her moral obligations, as evidenced by the Stat Dec.
Ultimately, the Court dismisses Daniel’s claim and orders him to pay Matthew’s legal costs.
This fictional column is not legal advice.
By Manny WOOD, Solicitor
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