Two brothers expected to inherit when their father died, and the Will provided for a 50/50
split of all estate assets. However the eldest brother claims that he has spent many years
looking after the parents, has lost superannuation, lost promotion and lost 15 years of
opportunities living with the parents, looking after both of them until they died. The eldest
brother feels that he should be getting more than 50%. The value of the property that he will
inherit is in excess of $2m and the younger brother gets the other $2m. The eldest brother
also owns his own home.
—
Comments by Wills & Estate Specialist – Terry Johansson
Whilst it seems most unfair that the brother who contributed so little to the family welfare
gets an equal share, the basis of claims to contest a Will is financial: in this case the brother
who gave so much to the parents would probably be unsuccessful in claiming any more than
half, because it will be difficult for him to prove financial need. He may have other grounds
to make a claim, such as money owed by the parents, and in fact if he has contributed to the
maintenance, welfare and upkeep of any of the properties, he may claim an equity which
gives him some prior ownership rights.
00683.6/CQ/HUD/20165386/AU/C/XXX/4/4/2016/MAC/FN/?