Siblings Battle over Late Father’s Estate

A man has failed in his attempt to claim a share of his late father’s estate, the Sydney Morning Herald has reported.

The case concerned the estate of Antonio Barbanera, who died in October 2014. His wife Maria had died several years earlier, in November 2009. The couple had four children: John, Nancy, Peter and Angela.

Under the terms of his most recent Will, signed in April 2008, Antonio left his whole estate to his wife, with a proviso that if she pre-deceased him the estate would be left to Nancy, Peter and Angela. The estate included a cash sum of $50,000 and a house valued at around $2 million. Antonio’s Will also appointed his three younger children as executors of his estate. Sadly, however, Angela died shortly after her father.

His eldest son, John, was specifically excluded from any inheritance, and written reasons were provided for this. The explanation included allegations of a history of abuse towards his parents and controlling and sometimes violent behaviour towards his siblings.

John brought a claim under the Succession Act for provision from his father’s estate. Nancy and Peter argued against the proceedings, claiming that John had deliberately estranged himself from his parents, and also that he and his wife were wealthy and therefore had no need for financial provision.

The NSW Supreme Court judge hearing the case accepted that John had behaved in a controlling and violent way towards his siblings, but was also critical of Peter and Nancy’s behaviour, noting that the evidence of all three siblings "was profoundly distorted by their personal prejudices".

However, taking into account the “tumultuous family history” and the fact that John and his wife are financially comfortable, with assets of around $5 million, the judge ruled that he was not entitled to financial provision from the estate and dismissed his claim.

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Sources:

http://www.smh.com.au/national/warring-children-ignore-judges-warning-about-fight-over-fathers-will-20170406-gvfc3j

https://www.caselaw.nsw.gov.au/decision/58e46e82e4b0e71e17f58802