Family Disharmony in Family Provision Claims

In the recent decision of Christu v Christu [2021] VSC 162
in the Supreme Court of Victoria, McMillan J provided a detailed analysis of how estrangement affects the quantum of a claim of an adult child against the estate of the Deceased. The decision provides important guidance on how disentitling conduct may affect a claim, as noted in [12] and [13] of the decision: -

"...it has been noted that the wise and just testator will not be blinded by a degree of intergenerational disappointment or disharmony to the needs of her or his child. An order for family provision is also not a means of obtaining compensation or assigning blame.

"The conduct of a claimant may be such that it disentitles them from a claim on the moral duty of the testator. However, such conduct must be ‘considered in the context of, and relative to, other aspects of [the] claim, such as need’.

You can read the full case of Christu v Christu [2021] VSC 162 here.