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Dad’s Will

Judge Hallen in Harris v Carter [2020] NSWSC 196 found that a 14 year old  High School student had received sufficient provision from his father’s death when he inherited funds from his father’s superannuation together with an amount (gifted in the Will) equivalent to child support obligations up until his son reached 18 years of age.  The student son brought a claim (using a person to take legal action on his behalf) arguing that his father should have left him a greater provision in his Will.  The father had never had anything to do with his son.  He had only a brief relationship with the son’s mother. He left most of his estate to his parents.  The Judge determined that because the son received significant superannuation funds as a result of his father’s death, in this particular case, he was not entitled to any more funds and he dismissed the claim.   As a general principle, however, it was noted that a parent’s responsibility for bringing a child into the world leads to the assumption of a duty to be concerned for the child’s welfare which in turn may entitle the child to make a claim if left out of a Will and this is the case, even in an extreme cases. where the parent did not even know of the birth of the child.

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