Court Supports Farming Son In Will Challenge
Family Provision Claim
In Carey v Robson [2010] NSWCA 212, the Court dealt with a Family Provision Claim against the estate of farmer Frederick Robson, who died leaving farming properties valued at $4.5 million in his Will to his son Alan. Alan was to pay each of his two sisters, Marion and Rosemary, yearly instalments of $50,000 up to an amount of $250,000. Marion and Rosemary also received vacant land valued at $440,000. Therefore, there was a significant difference between Alan’s inheritance from Frederick’s estate, namely $4.5 million, compared to his sisters’ inheritance of approximately $500,000 each.
This discrepancy caused Marion to bring a Family Provision Claim against her late father’s estate. However, the Court at first instance and at appeal chose not to disturb the Will. The Court gave careful consideration to a note that the testator had left indicating his intention which, although acknowledged an appreciation to his two daughters for their help and love, also stated that Alan had done far more for Frederick and his wife, Margaret, and was effectively “at their beck and call at all times”.
The Court also gave consideration to the following:
Alan took on significant burden in running farming operations when Frederick’s health started to decline from about 1990 onwards.
From 1990, Alan cared for both of his parents when their health seriously deteriorated, in circumstances where Marion and Rosemary’s main priority were their own families’ welfare.
If Alan had not undertaken to work unaided on the farm from 1998 when his parents became too unwell to do so, the farming entity would not have survived.
Alan sacrificed his education and all other employment opportunities, as well as personal life and relationships, in order to maintain the farming business, as well as caring for his ailing parents.
If Alan had not continued to run the farming business when his father became too sick to do so, Frederick would have been unable to financially support himself and his wife from 1996 onwards and would have been forced to sell the farming properties.
We can assist if you require advice about Will challenges, including how to protect your estate against such challenges.