Scroll for more

down-arrow-icon
estranged child son daughter sibiling left out of will estate dispute challenge contesting will queensland

Estranged Child Left Out of Will

Dawson v Joyner

In a recent Queensland Supreme Court decision Dawson v Joyner [2011] QSC 385 (12 December 2011), the Court has found that where an estranged child has been left out a Will, the child will not automatically be entitled to benefit from the deceased’s Estate.

The Facts

  • The will maker left an estate worth $2.3 million to his two younger son and made no provision for his eldest son;
  • The will maker helped his eldest son purchase a rural property before they became estranged for 22 years;
  • The estrangement came about as a result of the will maker’s separation and divorce from the son’s mother;
  • The son sided with his mother and the will maker alleged the son owed him money;
  • They came to a property settlement agreement and one of the terms was that the son would release his rights to make a family provision claim against the will maker’s estate. This was held to be void so far as the legislation was concerned but the Court accepted it was relevant to the intention of the settlement;
  • The son stated his relationship with his father reformed when he visited him in a nursing home;
  • However this was rejected as the will maker had dementia which meant he was incapable of forming or maintaining relationships;
  • The son was married and they had a net asset position of approximately $1.5 million;
  • The son was employed in the mines and heard a gross income of approximately $150,000.00 per annum;
  • The younger sons had helps the will maker build his estate by working on farming properties.

Conclusion and Order

The Court found that the eldest son had not satisfied that the Will failed to make adequate provision for proper maintenance and support and dismissed his application.

This case demonstrates that the Court will always taken into account the will maker’s wishes but also, the circumstances of the applicant. If you need advice with regard to contesting a Will please do not hesitate to contact me.

Share to your network

The information provided in this article is for general information and educative purposes in summary form on legal topics which is current at the time it is published. The content does not constitute legal advice or recommendations and should not be relied upon as such. Whilst every care has been taken in the preparation of this article, Wills, Estates and Probate Lawyers (WEP Lawyers) cannot accept responsibility for any errors, including those caused by negligence, in the material. We make no representations, statements or warranties about the accuracy or completeness of the information and you should not rely on it. You are advised to make your own independent inquiries regarding the accuracy of any information provided on this website. WEP Lawyers does not guarantee, and accepts no legal responsibility whatsoever arising from or in connection to the accuracy, reliability, currency, correctness or completeness of any material contained in this article. Links to third party websites or articles does not constitute any endorsement or approval of those sites or the owners of those sites. Nothing in this article should be construed as granting any licence or right for you to use that content. You should consult the third party’s terms and conditions of use in relation to any third-party content. WEP Lawyers disclaims all responsibility and all liability (including liability for negligence) for all expenses, losses, damages and costs you might incur as a result of the information being inaccurate or incomplete in any way. Appropriate legal advice should always be obtained in actual situations.

Subscribe to our Newsletter

Subscribe to our newsletter to get updates on everything Wills, Estates and Probate.

Chloe Kopilovic

Written by—

Chloe Kopilovic

Call 07 3035 4077 to speak with our team now