Navigating the choppy waters of inheritance can be a tumultuous journey, especially when the final wishes of a loved one don’t align with the expectations of the bereaved.
This week, we delve into a family feud that has sparked a fiery debate online: should a mother’s decision to leave a portion of her inheritance to charity be contested by her daughter?
The situation in question involves a woman from NSW who has found herself at odds with her late mother’s charitable inclinations.
The daughter, Nerida, inherited the family home and an additional $50,000 upon her mother’s passing. However, her mother also bequeathed $20,000 to a charity, a decision that didn’t sit well with Nerida, particularly since nothing was left to her children.
Nerida’s frustration is palpable as she grapples with the idea that the money, which she considers to be ‘our family money’, is going to outsiders rather than her own flesh and blood.
She poses a thorny question: Can she legally challenge her mother’s will to redirect the funds to her family?
The legal experts, Alison and Jillian Barrett from Maurice Blackburn, shed light on the complexities of such a dispute.
They explain that while the loss of a family member is a deeply emotional time, a will is a personal document that reflects the final wishes of the deceased. In Nerida’s mother’s case, she chose to support a cause she presumably cared about.
For those considering a similar course of action, the Barretts outline the possibility of a Family Provision Application.
This legal claim allows a person to contest a will if they believe the deceased did not make adequate provision for their proper maintenance or support.
However, the path to overturning a will is not an easy one. The court requires substantial evidence to prove that the existing provisions do not meet the financial needs of the claimant or their dependents.
The court’s decision-making process is comprehensive, taking into account the claimant’s financial situation, the needs of any dependents, the size of the estate, and the nature of the relationship between the deceased and the claimant.
Additionally, the court will consider the reasons behind the charitable donation, which could range from a personal connection to the charity’s mission aligning with the deceased’s values.
Before embarking on this legal journey, Nerida and others in her position must weigh the potential costs against the benefits.
Legal fees can quickly erode the estate’s value, and if the challenge is unsuccessful, the claimant may even be responsible for covering these costs.
This scenario’s moral and ethical dimensions are as significant as the legal ones. It raises questions about the sanctity of a person’s final wishes, our obligations to our family, and our value on charitable giving.
It’s a debate that touches on the very essence of what we leave behind and for what purpose.
So, dear readers, where do you stand on this issue? Should Nerida respect her mother’s wishes and let the charity keep the $20,000, or is she justified in wanting to keep the money within the family? Have you faced a similar dilemma, and how did you navigate it? Share your thoughts and experiences in the comments below, and let’s explore the many facets of this complex and deeply human story together.
Also read: A daughter’s love lives on as Taylor Ann Hasselhoff-Fiore remembers her mother
In my opinion the mother has acted fairly, and her daughter should honour her wishes instead of fighting them. Obviously this charity/cause was important to her, and it was her wish and her right to support it in this way. It would seem that the family is receiving the major part of the mother’s assets and it would be extremely selfish to demand that they should have every dollar for themselves. I have made a similar bequest in my own will, and I hope and expect that my children will not oppose this when my time comes.
As the article explains, if the daughter is not in need of financial support then the will must be executed as written.
All I can say is that the daughter is a greedy little b…ch and only cares about herself, not her mother’s wishes. She already got the family home and $50K. Grow up and show some respect to the mother that raised you. Unbelievable!
What? The daughter’s receiving the bulk of the estate, why should the mother not leave funds to whichever charity she wishes?
If the daughter wants to squander the estate in legal proceedings, then it’s up to her. She’ll lose everything in the end.
This is hot potato issue for me. My partner came to our relationship with nothing at all and only worked for about 10 years in teaching after having completed a degree, after we got together. We have been together for 24 years and are not legally married. My partner has two children and three grandchildren from a previous marriage. The children will inherit a LOT of money from their other parent as there are multiple real estate properties involved.
I am caught between a rock and a hard place given that I have no children but want to ensure my partner has somewhere to live if I were the first to pass away. One of my partner’s children is female with the 3 grandchildren. She has never been married and doesn’t work. I can foresee a real issue in that she will expect my partner to leave the estate, should I die first, to be given to her brother and her and her children. The family lives in another state and there will be pressure for my partner to move back to that State. Of course, this would put at risk at least half of the estate which I would eventually want to go to MY relatives or organisations of my choice. This article really causes me distress and I have no simple solution to it as it seems having a will means very little, in terms of it being followed upon one’s death..
Legal proceedings equal big money. Her greed might cost her more than her inheritance, big lesson learnt if she doesn’t think carefully.
It’s the mother’s money, she is entitled to use it as she wished.
That’s the purpose of a will and yet, people still contest someone else’s wishes.
Children nowadays think they deserve to have inheritance, she should be grateful that her mother left assets and not debts.
M Monty
You should talk to a lawyer specialising in wills to ensure your wishes are written formally and copies kept with that lawyer, at home and with your executor.
Let your relatives know and let your partner know, so he conveys your wishes to his children. Especially make it known that the charity knows they are to expect … from your estate.
It’s your hard earned money and those are your wishes !
My take on this is, it’s the mums money she can do what she wants. This lady got a house and $50,000 it not like she got nothing. I’m on disability, so an inheritance would be nice, however if my parents wanted to leave their money to the dog next door (a metaphor don’t go crazy people) I would be ok with that, a bit disappointed, but ok. It’s THEIR money they worked for it.
MMonty a lawyer will help you prepare your Will. You may wish for your partner to continue living in your home until she dies and the proceeds from the sale of the home is then shared with your own relatives. If your partner chooses to move out the home it may be sold and a percentage is hers and a percentage from sale goes to your relatives. Up to you how you calculate the sharing of your estate. All pre-planning in advance with your Lawyer.