A grandchild may be able to make a claim from your grandparent’s estate even if they are not named in the will. To do so, they must prove to the court that:
- They are a grandchild and they were dependent on their grandparent
- There are reasons why a court would order that they receive an inheritance;
- The grandparent did not make any, or adequate provision for them.
In a Supreme Court case, two brothers, Blake and Brock made a claim against their grandfather, Barry’s estate. The grandfather died on 11 January 2022 and left a will dated 16 April 2021. The estate was made up of $35,000 in cash and a house in West Ballina. The grandfather left nothing to Blake and Brock. The grandfather gave everything to his brother Rodney.
Eligible Person
The court said that if Blake and Brock were dependent on the grandfather, they were eligible to make a claim. Blake said that he was dependent on the grandfather when his father travelled for work and he stayed at the grandfather’s home. Blake claimed when his father became unwell, he regularly lived with the grandfather. Brock said that when their father moved in with a woman called Sharron, he and Blake felt unaccepted, because Sharron had her own children. Blake and Brock would stay overnight with the grandfather. The court accepted that Brock and Blake were dependent on the grandfather and eligible to claim against their grandfather’s estate.
Reasons
Rodney opposed the claim, and said Blake and Brock’s relationship with their grandfather was an ordinary family relationship. The grandfather did not provide financial assistance to Blake and Brock. The grandfather never attended any occasions such as sporting events or graduations. The grandfather did not go on holidays with Blake and Brock and the grandfather’s two previous wills also left them nothing. The court refused to compare Blake and Brock’s relationship to a typical grandfather/grandchild relationship. The court noted that when Blake and Brock’s father died, the grandfather became a fatherly figure that filled the gap of the father’s death.
Adequate Provisions
The court took the following reasons into account:
- Blake earned $54,000 a year. He has $77,000 in superannuation. His partner earned $51,000 a year. Their combined earnings were substantially less than average weekly earnings in NSW. They have two young children and the family live with the partner’s parents.
- Brock earned $57,000 a year and owned a car worth $35,000. He had $20,000 in superannuation and debts of $9,500. Brock suffers from Post Traumatic Stress Disorder for which he continues to receive treatment.
- Rodney, the grandfather’s brother, earned income of $69,872. Rodney and his partner own a property worth $1,400,000 and three cars worth $140,000. Rodney recently sold his IGA supermarket franchise for $600,000.
The court ordered that Blake and Brock receive 20% each from the sale of the grandfather’s property. The court also ordered that Rodney, Blake and Brock’s legal fees to be paid from the grandfather’s estate.
