My parents divorced when I was six and my father married again. He and his new wife had 2 more children who are both under 10. My father recently died in a work accident and he left his whole estate including a huge workers compensation payout to his new wife and children. My father used to pay child support to my mum and I used to spend every school holidays with him until I turned 16. I am now 20 and at university. My father was helping with my uni fees and had promised to buy me a car when I graduated. I can’t understand why he didn’t leave me anything.
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Answer by Julia Savage, Hamilton 2303 NSW
- A testator’s child is eligible to make a family provision claim against their parent’s estate.
- However you must first have regard to the fact that the deceased still has a spouse and young children.
- The court will give a great deal of weight to the fact that your deceased parent has young children that they have not had the opportunity to provide for during their lifetime.
- This will be compounded if your parent has substantially provided for you during their lifetime and the estate is not large.
- Eligibility to make a claim may not be enough to give you provision from the estate.
- You should seek legal advice before making the decision to file a claim.