Benjamin Receives $1.4M from His Mother’s Estate After Being Left Out
Family Provision Claim
Overcoming will exclusion to secure a $1.4M family provision claim
Despite being excluded from his mother’s will, Benjamin secured a $1.4 million settlement through a successful family provision claim.
If you have been left out of a will or need guidance, contact Dormer Stanhope to explore your options.

This image is for illustrative purposes only and does not represent our actual client.
Benjamin's Story
Pseudonyms are used to protect the client's identity.
Benjamin and his mother, Mary, were close. She was his primary caregiver and often told him, “It’s us against the world.”
As a single parent, she was deeply involved in his life. They spent most of their time together, and she worked hard to ensure he was well looked after.
Benjamin grew up living with Mary and his grandmother in a property in Sydney. For as long as he can remember, Mary told him that the property would one day be his.
Benjamin was a flight attendant. His work required him to travel frequently, but he regularly stayed at their home in Sydney for extended periods.
Despite his work commitments, Benjamin maintained a close relationship with Mary.
In 2018, Mary was diagnosed with cancer. Benjamin spent most of his time with her, assisting with day-to-day tasks and providing care.
In 2018, a Will was also made which provided Mary’s husband with a life interest in the Sydney property.
Benjamin remained by his mother’s side until she passed away in 2023.
When she died, the entire estate, valued at approximately $3.8 million, passed to her husband.
Benjamin received nothing.
At the time, Benjamin was still residing in the property. As a lower-income earner in Sydney, he could not afford to purchase a home of his own and had relied on the understanding that the property would provide him with future financial security.
Our Approach
Benjamin approached Dormer Stanhope in 2024 seeking advice about bringing a family provision claim against his mother’s estate.
We advised that he was an eligible person as he was the child of the deceased.
The matter resolved at mediation.
Benjamin received $1.4 million from the estate, inclusive of $44,000 towards his legal costs.