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Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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I wish to legally disown one of my 26 year old sons. Apart

Customer Question

I wish to legally disown one of my 26 year old sons. Apart from despicable behaviour that has caused me great emotional distress, he has taken on a life that our entire family wishes not to be associated with. He has also been bad-mouthing me on social media as well as using us as an excuse for his behaviour. He has children with several partners and we consider him to have the ability to be dangerous.
JA: What state are you in? It matters because laws vary by location.
Customer: Western Australia
JA: Has anything been filed or reported?
Customer: Not yet
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 10 months ago.
Category: Australia Law
Expert:  Leon replied 10 months ago.

Good Afternoon

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise but a guide to assist you.

Unfortunately this is not possible.

You are still his parent and there is no avenue to disown him.

You can leave him out of your will and you can also start action against him for defamation if what he is putting on social media is false and defamatory.

I hope this makes sense?

Customer: replied 10 months ago.
A little peeved that I just paid $81 for advice from a solicitor yet youvsay this isnt legal advice. I already know that I can leave him out of my will but it's not that simple is it? I was hoping for further info regarding this.
Expert:  Leon replied 10 months ago.

It is legal information that is correct. I cannot give you legal advise as there is no retainer between us in writing.

What I have told you is the legal position in all states of australia.

Had he been a minor then there was a possibility under the family law act if he was to be adopted by another person. But as an adult there is no legal way to disown him. You are his parent and will appear on all legal documents, e.g. birth certificate, death certificate etc.

He will also appear on your legal documents such as a death certificate as our son.

If you wish to only ensure that the possibility of inheritance by them is minimised you can prepare a detailed affidavit that sets out the relationship between you and how there is no dependency and the reasons why you have not left them anything. Should they contest this would then be presented to the court.

I am sorry I cannot give you more.