A judge in a black robe holds papers at a desk, with a wooden gavel and sound block in the foreground, presiding over a will dispute.

How does estrangement affect your ability to contest a will?

Estrangement from a deceased family member can significantly complicate your ability to contest their Will, but it does not necessarily negate your rights. PK Simpson can assess how estrangement might impact your specific family provision claim.

How does estrangement affect family provisions?

Compounding this fact is that sometimes estranged family members are left out of the will entirely. In times like this, it is essential to obtain quality advice from an experienced compensation lawyer who can help you decide whether you should dispute the will.

A compensation lawyer is not just for injuries but can help you settle a will dispute.

Understanding How Estrangement Affects Will Disputes

A case heard by the NSW Court of Appeal has highlighted the impact estrangement can have on a will dispute.

The Burke v Burke Case: A Legal Precedent

After the deceased’s passing, the plaintiff, being the deceased’s son, believed he met the criteria to be a beneficiary of his mother’s estate. However, he had not spoken to the deceased for 20 years prior to her death due to a past incident.

Approximately two years before her death, the deceased wrote a letter acknowledging the estrangement and citing it as the reason for making no provision for the plaintiff.

The deceased’s estate provided $100,000 to the plaintiff’s son, with the residuary estate distributed to the deceased’s other two children. The total estate value was approximately $1.25 million after legal costs and distributions.

The Court considered whether the plaintiff’s estrangement and attempts at reconciliation justified an order for family provision.

Every Case Is Unique: Key Legal Principles

Although the plaintiff raised several arguments on appeal, the Court ruled that he was not entitled to family provision.

This case highlights that every family provision claim is assessed on its own facts. While community expectations may vary, courts are guided by legislation rather than moral judgments.

Getting Professional Legal Help

Regardless of your circumstances, it is essential to speak with an experienced will disputes lawyer. Through their expertise, they can explain how the law applies to your specific situation.

At PK Simpson, we offer a no win, no fee policy, meaning there are no upfront costs and legal fees are deducted only from a successful settlement.