Son Successfully Challenges Mother's Will

An inheritance dispute between two brothers over their mother's Will has recently been heard in the High Court of New Zealand, reports the Sunday Star Times.

Violet Brain died in 2011 and left an estate worth around NZ$2.9 million, including a farm and associated land. Under the terms of her Will, she left $40,000 to each of her seven grandchildren and also a number of personal items to her only granddaughter. One of her sons, Clive Harwood, received a bequest of $180,000 and the rest of her estate was left to her other son, Alan Brain.

According to the court report, she gave the following explanation for this unequal inheritance:

"I state that I have made an unequal distribution between my two sons as Clive Harwood disowned his family name over 20 years ago after severe disagreement with my late husband, and since then my other son has contributed to the care, maintenance and operation of the farm in a very significant fashion and I believe that the provisions I have made for Clive Harwood and his children are a just and loving reflection of my obligations."

Mr Harwood, who is now in his 70s, successfully challenged the Will at a Family Court and was awarded $700,000 after the Judge found that in failing to make proper provision for her son, Mrs Brain had "breached her moral duty".

Mr Brain appealed this decision to the High Court, but the court has now dismissed the appeal and upheld the decision of the Family Court.

In New South Wales legislation is in place to protect people who feel the deceased had a 'moral responsibility' to provide for them. It is therefore possible to contest a Will if you feel the deceased has failed to meet this responsibility when making their Will.

However, there are time limits in place on when a claim can be brought and so it is important to act quickly.

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If you are thinking of contesting, making or updating a Will then it is important to seek expert legal advice as quickly as possible. Contact Szabo & Associates Solicitors today and speak with one of our specialist solicitors. Call us on (02) 9281-5088 or fill in the contact form to the right of this page.