The NSW Supreme Court recently held that an adult son, estranged from his mother for more than 20 years, was not successful for his claim for further provision from his mother’s estate.

The deceased died without a will, which meant that her estate was divided equally between her three children in accordance with the laws of intestacy. The deceased had been estranged from each of her three children over time due to a bitter divorce and the children’s actions in supporting the father. The deceased had long reconciled with her daughter and was closer to her. Another son lived in the USA and she had reconciled with him. The claimant had made no attempt to reconcile nor had he kept in contact with his mother.

He was, however, claiming that he was not provided for adequately from his mother’s estate as it was not sufficient to enable him to purchase a house for himself and his paternal uncle for whom he was acting as carer.

Lindsay J found that the claimant failed at the threshold, namely that the deceased had adequately provided for her son by dying by intestate (probably) “by design” so that her children were treated equally.

The claimant was also required to pay costs of the Estate which exceeded $74,000 on an indemnity basis.

Re Estate Luce; Turch v Tripolone [2020] NSWSC 117