Australia Law

Have Australian law questions? Ask a lawyer now.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

Just researching can a parent disown a child who is in their…

Just researching can a...

Just researching can a parent disown a child who is in their late 30's

Lawyer's Assistant: What steps has the parent taken? Have they filed any papers in family court?

Nothing at the moment. I have asked my other son to speak to him but at present I have had no correspondence in relation to grandchildren or how they all are

Lawyer's Assistant: Family law varies by state. What state is he in?

I am in WA and he is now living in the USA

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

If I disown him does that automatically stop him from being a beneficiary of my estate?

Show More
Show Less
Ask Your Own Australia Law Question
Answered in 5 minutes by:
3/20/2018
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 2,427
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified

Hi, my name is***** solicitor in Melbourne. Thank you for using Just Answer, and I will answer your question today, and ask various questions to narrow the issues in your post raised.

Ask Your Own Australia Law Question

yes a parent can disown a child if they choose

however that child may be able to make a claim of family provision under a will if they are excluded from that will,

Ask Your Own Australia Law Question
Customer reply replied 1 month ago
If that child is 39yo can they still claim family provision under a will? and how do you go about disowning an adult child?
Customer reply replied 1 month ago
Can we continue here as I need to go out shortly please

Yes the child can still make a claim under the will.

Ensuring a child receives no benefit under the will requires very careful drafting of the will.

The time limit for making a claim for further provision is six months from the date on which the administrator becomes entitled to administer the estate of the deceased. This means six months from the date of a grant of probate or a grant of letters of administration: s 7(2)(a) of the Act. Section 7(3) states that a motion for leave to file out of time may be made at any time notwithstanding that the period specified in s 72(a)d has expired.

There is a discretion to grant an extension of time “if the Court is satisfied that the justice of the case requires that the applicant be given leave to file out of time.

Family provision applications are commenced by filing an originating summons in the Supreme Court. The application should be served upon the executors or administrators of the estate and those beneficiaries against who further provision is sought. Prior to recent changes all beneficiaries were joined, adding many defendants to family provision applications. Some of the defendants only received a small legacy or an individual chattel. If no claim is made by the applicant against the legacy or bequest made to a particular defendant, then that defendant should not be added to the originating summons. The limiting of the defendants to those defendants against whom a claim for further provision is made carries over to the first call-over or status conference. At this conference, only those beneficiaries against whom further provision is sought by the applicant are joined to the originating summons. At the case management conference or call-over or status conference the Registrar will give directions as to the future conduct of proceedings. The beneficiaries against whom further provision is claimed will be added as defendants to the action. If any party is under a disability, for instance a minor or person under a guardianship order or an administration order, will be joined to the action but represented by their next friend or guardian ad litem.

If the Registrar also gives directions for an early mediation, the executor will be directed to file an affidavit stating the up to date financial circumstances of the estate two weeks before the mediation. The defendants will not be required to file any responsive affidavits prior to the mediation. Experience has shown that responsive affidavits by the defendants are unhelpful to reaching a resolution at an early mediation. The responsive affidavits entrench parties in particular positions. The responsive affidavits regurgitate and raise any issues that may make resolution at any mediation increasingly difficult. The focus of the mediation is on the applicant’s claim, not on the response of the defendants to every issue raised by the applicant or that could be raised by the respondents against the applicant.

Does this answer your important question today.

Ask Your Own Australia Law Question
Customer reply replied 1 month ago
If you leave them say $20,000 as a beneficiary can they still contest how low the amount is?

if the will is drafted carefully, they will not be able to raise a counter claim.

Ask Your Own Australia Law Question
Customer reply replied 1 month ago
Perfect thank you very much for your help. I received the answers I needed.

you are most welcome

You can come back to this post any time to ask questions and there will be no further charges to you.

Don’t forget to rate me 5 stars as this supports me helping the community, and thank you for using Just Answer.

John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 2,427
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified
John Melis and 87 other Australia Law Specialists are ready to help you
Ask your own question now
Was this answer helpful?
Ask John Melis Your Own Question
John Melis
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 2,427
2,427 Satisfied Customers
Experience: Principal Lawyer at Legal AU Pty Ltd

John Melis is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Deborah Awyzio

Deborah Awyzio

Solicitor

863 satisfied customers

Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience

Sean

Sean

Experienced lawyer

855 satisfied customers

Law degree with 1st class honours from Australian National University.

James G.

James G.

Lawyer

17 satisfied customers

Australian Legal Practitioner

Darren Kruse

Darren Kruse

Solicitor

16 satisfied customers

Practising in in Personal Injury, Workcover, Civil Disputes, Family, Wills and Estates and Criminal law.

Leon

Leon

Solicitor

26,412 satisfied customers

BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

Daniel

Daniel

Solicitor

5,833 satisfied customers

Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court

James D. Ford

James D. Ford

Solicitor

1,600 satisfied customers

Consulting Principal at Nexus Law Group

< Previous | Next >

Related Australia Law Questions
I would like some clarification on a Rental Agreement. I am
Hi, I would like some clarification on a Rental Agreement. … read more
John Melis
John Melis
Lawyer
2,427 satisfied customers
I left my car at a detailing place to have my car detailed
Hi, I left my car at a detailing place to have my car detailed and when I returned to pick it up the drivers side wing mirror was missing. An incident report was filled out. I called the company numer… read more
John Melis
John Melis
Lawyer
2,427 satisfied customers
I would like you to explained to me the clause of law
I would like you to explained to me the clause of law referred as debtinue and how I can enforce it on person who has locked up machinery of mine and refuses to give them back unless I pay him $3000.0… read more
John Melis
John Melis
Lawyer
2,427 satisfied customers
I have just renewed my police check and an old conviction
I have just renewed my police check and an old conviction has shown up for fraud that l was charhed and convicted for ind 2000 … read more
Leon
Leon
Solicitor
Master's Degree
26,412 satisfied customers
My husband has been given a litter fine from the Epa. He was
My husband has been given a litter fine from the Epa. He was asked to give show evidence it wasn't him. 11st time papers weren't enough. rejected. 2nd time he had his roster and a letter from his supe… read more
John Melis
John Melis
Lawyer
2,427 satisfied customers
Can I pay personal contributions to my super until I reach
Can I pay personal contributions to my super until I reach retirement age while on the disability pension … read more
Leon
Leon
Solicitor
Master's Degree
26,412 satisfied customers
I am having some issues with my partners ex. Qld. Well I
Well I have never met her, or talked to her, but she is threatening me with a dvo that Ifind is just unreasonable, see is having issues with her ex … read more
John Melis
John Melis
Lawyer
2,427 satisfied customers
I rang TPG over a month ago for a relocation service to a
I rang TPG over a month ago for a relocation service to a new address and paid for the service as that was what they requested. TPG got in touch with me after a few days to inform me that the service could not be provided as the street was not compatible for either ADSL or NBN. I got in touch with TPG and was told to send an email to their cancellation section. After numerous calls and emails all I have been sent and told is that they are assessing the matter. As I said this has been ongoing and the last email I sent them I informed that I would pursue other channels to get the matter resolved. Hopefully you can assist as no one from TPG seems to be able too! … read more
John Melis
John Melis
Lawyer
2,427 satisfied customers
Can a decision by the Australian Defence Force for medical
Can a decision by the Australian Defence Force for medical discharge be appealed externally after internal review e.g. AAT? Can a decision not to be medically discharged be appealed externally after i… read more
John Melis
John Melis
Lawyer
2,427 satisfied customers
Not sure if it is a legal question, but I recently purchased
Not sure if it is a legal question, but I recently purchased airline tickets and insurance for a holiday for my wife and I . Went to the travel agent and was told when I wanted to cancel this travel 6… read more
Leon
Leon
Solicitor
Master's Degree
26,412 satisfied customers
I know it sounds petty but a purchased an item from overseas
I know it sounds petty but a purchased an item from overseas at a cost $29.94 USD and it is one of the worst items I have received so far. I have contacted them for a refund but are asking me for a vi… read more
John Melis
John Melis
Lawyer
2,427 satisfied customers
We are thinking of separation. Not yet still we are thinking
not yet still we are thinking of it..though my husband left home on 2nd april ihave 3 year old son with me i dont have any job as of now … read more
John Melis
John Melis
Lawyer
2,427 satisfied customers
I live in the north east of Victoria and I purchased a car
Hi, I live in the north east of Victoria and I purchased a car in Melbourne unseen, just on the advertisment and the pictures. The car was advertised as a 2005 model, it turned out it was a 2004 model… read more
Leon
Leon
Solicitor
Master's Degree
26,412 satisfied customers
Had taken some items from a store entered another, they
Had taken some items from a store entered another, they asked to look in bag as I LEFT I SHOWED THEM GOODS BUT NOT FROM THERE STORE THEY STILL CALLED THE SECURITY,I I walked away left the trolley and … read more
John Melis
John Melis
Lawyer
2,427 satisfied customers
Hlo i was the student of asian pacific international college
hlo i was the student of asian pacific international college at 399lonsdale st melbourn vic 3000. I want to ask regarding my fees refund as i deposit the fees for one year but i studied for 6 months o… read more
Leon
Leon
Solicitor
Master's Degree
26,412 satisfied customers
Tried to have a mobile phone unlocked from Telstra ,but
Tried to have a mobile phone unlocked from Telstra ,but cannot get any one to unlock it and Telstra will not … read more
John Melis
John Melis
Lawyer
2,427 satisfied customers
My sister in law has separated from my brother 4 years ago.
My sister in law has separated from my brother 4 years ago. My brother left, now he wants a divorce as their youngest daughter has just turned 18. They have a house which my sister in law & nieces hav… read more
John Melis
John Melis
Lawyer
2,427 satisfied customers
Second opinion] My wife migrated to Australia in April 2010.
second opinion] My wife migrated to Australia in April 2010. She is an overseas qualified Human Resources professional and legally allowed to work in Australia. My wife has been trying to get into a j… read more
Leon
Leon
Solicitor
Master's Degree
26,412 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x