In NSW, the fact of estrangement alone does not defeat a child’s claim against the parent’s estate. Even a child that has not had a relationship with a parent over extended periods of time, estrangement on its own, will not generally prevent a child from being successful in challenging a will.
The Court considers a variety of criteria when reaching a decision on a family provision claim. You can find further detail in this regard by visiting the following link on this website https://augustandclaire.com.au/family-provision-claims/.
Beyond these considerations, the Court will also consider the following in cases of estrangement:
- The reasons for the estrangement, such as whether anyone was responsible for the estrangement.
- Whether any effort was made to repair the relationship during the deceased person’s lifetime.
- The events leading to the estrangement and what effect those events had on the relationship to cause it to break down and whether the estrangement was a justifiable reaction to the events.
- Whether the Will gives reasons or is silent as to why there is no provision made for the child, or why a particular provision has been made for the child.
It is also important to note that if the child has suffered because of a serious breach of parental duty or obligation, the Court will often look more lightly on any improper conduct carried out by the child towards the deceased parent.
If you are considering contesting a Will as an estranged child, please contact us on (02) 9158 0699 or send us an enquiry through our website.