Family feuds can arise from disputes over inheritance, family businesses, relationship collapses, and superannuation death benefits claims. They are as old as time itself and increasingly common whether they are of the size and magnitude of a Gina Rinehart’s empire or a fight over Dad’s favourite wrist watch. Personal sensitivities, pride, jealously and greed all conspire insidiously over time to wipe to nought years of loving and memorable relationships with siblings, cousins, uncles and aunts. Failing to update a Will is a contributing reason why major disputes erupt. The house you Willed to your son/daughter years ago may have since been sold leaving the other child benefitted to the det
Estrangement and Being Written out of a Will The right to leave your property on death to whomever you choose is of fundamental importance to most Australians. However the courts have a wide discretion to make awards contrary to the express provisions contained in a Will in what are known as Family Provision Applications. A Family Provision Application is the most common type of challenge to a will and can be brought where for example everything is left to one child instead of dividing their belongings amongst the other children or a spouse including a de facto spouse. Even where a child fails to have a relationship with their parents they still may be just as entitled to a share under the w
