Yesterday a family provision claim was dismissed in a large estate ($3.5m to $3.8m) primarily on the basis of the applicant’s failure to fully disclose his financial position. There was also a long estrangement of some 25 years.

The applicant was a 55 year old son who was left only $10,000 from his father’s estate. Most of the estate went to grandchildren.

It was held that as he failed to make full disclosure of his financial position, he failed to pass the ‘first stage’ identified in Singer v Berghouse therefore the Judge found there was no jurisdiction to make an order for provision.

Read Stollery v Stollery [2016] NSWSC 54 here.