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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?

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Answered in 5 minutes by:
3/20/2018
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,311
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.

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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,

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Customer reply replied 4 months 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 4 months 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.

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Customer reply replied 4 months 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.

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Customer reply replied 4 months 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: 3,311
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified
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