This was a decision by His Honour Judge Gary Long SC delivered on 25 August 2023 in Maroochydore District Court.
The first applicant discontinued his claim after reaching a settlement. The second applicant (referred to as “the applicant”) continued her claim. The applicant and the deceased had a complicated relationship and she had been estranged from him for around 25 years before his death in 2019. The deceased’s will gave his entire estate to his other daughter, the respondent in this case. The estate was valued at around $480,000.
The applicant claimed she was in financial need and sought a share of the estate between $100,000-$150,000. The respondent opposed the application. The judge found the applicant’s evidence was unreliable on critical aspects regarding her relationship with the deceased and her estrangement from him. The judge held the applicant failed to establish that inadequate provision had been made for her proper maintenance and support from the estate. The judge dismissed the application, finding it was not appropriate to make any award to the applicant given the estate’s small size, the respondent’s strong claim, and the applicant’s estrangement from the deceased.
This decision contains a useful discussion about the relevance of estrangement in family provision cases in succession law. The following summarises key points made.
- Estrangement refers to the condition resulting from the attitudes or conduct of one or both parties, not the conduct itself.
- The nature and reasons for estrangement are relevant in assessing a family provision claim by an estranged adult child.
- Mere estrangement does not necessarily preclude an adult child meeting the threshold for a family provision claim.
- However, estrangement may restrain the level of provision awarded or in some cases defeat the claim, depending on the circumstances.
- The court should consider the causes of estrangement but be cautious about oversimplifying complex family relationships.
- Some weight should be given to a capable testator’s decision regarding provision for an estranged adult child.
- The moral obligation to provide for adult children is shaped by the actual parent-child relationship during their lives.
In summary, estrangement is a relevant factor in family provision claims by adult children, but its significance depends on the specific circumstances of each case. The reasons for and nature of estrangement must be examined, but estrangement alone does not preclude a claim.