I went to a 4 hour seminar on Family Provision actions on Tuesday, in which relatives of the deceased claim to have special need that was not adequately provided for by the deceased.
It covered recent decisions, superannuation and life insurance implications, preparation for hearings and arguments about equitable estoppel and constructive and resulting trusts that should be run in parallel.
We have one of these matters running at the moment, having settled a few others.
We are defending a claim against an estate by adult children from the deceased’s first marriage.
The 2019 case of Shepard v Galea, which was mentioned, is worth quoting:
“… Ordinarily, a self‑sufficient adult child has no reasonable basis to expect that anything at all would be left to them by their parents’ estates. … [A] person with capacity can leave, or give away their own property to whoever they choose as they choose.”
For help resolving Family Provision disputes and advice, Michael Paterson & Associates can help, but if disgruntled adult children are seeking advice, we will make sure that they appreciate that they are likely to face an uphill battle if they are self-sufficient.