Keywords: family provision, Succession Act 1981 (Qld), estate dispute, adult child claim, Queensland District Court, Byrne KC DCJ, estranged relationship, testamentary freedom, financial need, Thompson v Cyati
By Honest Grace Legal | Succession Law | June 2025
Subject
Daughter Denied Inheritance Fails in Family Provision Claim Against Father’s Estate
What Happened
The applicant brought a family provision application seeking part of her late father’s estate after being explicitly excluded from his will. Her sister, Julene Cyati, was the executor and sole beneficiary. The deceased had directed that the applicant repay a loan of nearly $200,000, with the will making no provision for her. The sisters had a long-standing strained relationship.
Key Legal Issues
- Was the deceased's will inadequate in providing for the applicant's proper maintenance and support in circumstances where the applicant was not dependant on the deceased and had a previous strained relationship?
- What date should be used to assess the applicant’s financial needs and the estate's value?
- Should loans from the deceased to the applicant be included in the estate's valuation?
What the Court Decided
The court refused the application. It held that:
- The adequacy of provision is assessed as at the date of death.
- The outstanding amounts owed with respect to the loans did not formulate part of the value of the deceased estate.
- The deceased had clearly and consistently intended to exclude her due to their estranged relationship.
- There was no requirement for any provision from the estate for the applicant.
Key Findings
- Financial Position: At her father’s death, the applicant had assets worth around $1.94 million (mainly two properties), albeit with limited liquidity and low income.
- Relationship: The court found the applicant had a deeply fractured relationship with her father, marked by litigation, verbal abuse, and an absence of reconciliation.
- Testamentary Intent: The deceased's statutory declaration in 2016 and consistent will revisions showed a deliberate and reasoned decision to exclude the applicant.
- Credibility: the applicant’s evidence was found unreliable in parts due to inconsistencies, lack of disclosure, and exaggerated claims. Some of the affidavits as sworn contained material irregularities.
Outcome
The applicant's claim under the Succession Act 1981 (Qld) was dismissed. No provision was ordered from the estate. The court indicated it would hear the parties further regarding costs.
Why This Case Matters
This decision underscores:
- The importance courts place on testamentary freedom, particularly when an adult child is financially independent and estranged.
- That “need” alone is not enough - courts assess relationship dynamics and past conduct.
- The burden on applicants to prove genuine financial need and a worthy claim, especially when delayed or involving complex family histories.
- Procedural integrity and credibility are crucial in family provision applications.