Unacknowledged Son Successfully Claims on Father’s Estate

A man has successfully brought a claim for a share of the estate belonging to his deceased father, reports the Sydney Morning Herald.

Edward Cameron was the illegitimate son of successful businessman John Hemmes, who made his fortune in the hospitality industry. Mr Hemmes had been involved in an extra-marital relationship with Edward’s mother that lasted around six years.

Mr Hemmes had initially denied paternity of Edward, and only agreed to pay child support after a DNA test was carried out. Even after this he refused to acknowledge Edward as his son and the two never met.

Edward apparently attempted to contact his father in writing at the age of 20 but was reportedly rebuffed by John Hemmes, who had an employee reply to the letter stating that Mr Hemmes would have no contact with Edward unless another DNA test was carried out.

Mr Hemmes died in 2015 and made no provision for Edward in his Will. He had two other children, and a week before his death he transferred $5.7 million to them. 

Edward, who is now 27, brought a claim for family provision relief under Chapter 3 of the Succession Act 2006 NSW against his father’s estate and has been awarded $1.75 million, which is to be paid out of a superannuation fund that belonged to his father.

In his judgment, Justice Lindsay notes that:

“In selecting that figure I take into account not only what might colloquially be described as the deceased’s “moral duty” to make provision for the plaintiff, the size of the deceased’s available notional estate and the plaintiff’s aspirations; but also the deceased’s entitlement to testamentary freedom, qualified by the operation of Chapter 3 of the Succession Act, an object of which is not to empower the Court to re-make his will.

“I proceed on the basis that, although the plaintiff ought to be given a substantial award of provision from the deceased’s notional estate, he is not entitled to be established in accommodation beyond his and his fiancées’ reasonably foreseeable needs.”

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