Family Provision: Jeremy Receives $185,000 From Estate After it was Left to His Stepmother
Successfully challenging a will to claim a $185K family provision settlement.

This image is for illustrative purposes only and does not represent our actual client.
Jeremy's Story
Pseudonyms are used to protect the client's identity.
Jeremy’s father and mother separated in 1979. Jeremy was 14.
His father, Peter, started a new relationship with Caroline shortly after.
In 1980, Peter and Caroline got married.
Jeremy went to boarding school in the Eastern Suburbs, paid for by Peter. He described his mother as the “homemaker” and said she couldn’t afford his education.
Peter also covered Jeremy’s medical and dental expenses, including braces.
Caroline had no children but was very close to her three nephews; Sam, Dan, and Ben.
Jeremy had little to no contact with Caroline’s nephews. He didn’t feel welcomed into their family.
For the most part, Jeremy got along with Caroline, except for a few negative comments she made, which stuck with him into adulthood.
As a child, Jeremy visited his dad often. This continued into adulthood, where the longest he went without speaking to Peter was two weeks.
Over time, Jeremy noticed his relationship with Caroline changed, but he was unsure why.
When Jeremy visited the family home, Caroline increasingly found other things to do or was unable to be at lunch.
Peter fell ill and, in 2015, had a serious hospitalisation. Caroline did not tell Jeremy.
Jeremy only found out after Peter had been discharged. They then had a conversation about Peter’s will.
Peter told Jeremy he had made small changes. The entirety of the estate would go to Caroline. Then when she passed away, half would go to Jeremy, and the remaining half would go to Caroline’s three nephews: Sam, Dan and Ben.
Peter also told Jeremy that Caroline had mirrored this in her will.
It was not spoken about again. Death and money were considered private matters.
In the meantime, Jeremy and Caroline worked on repairing their relationship, unsure of what had caused the tension in the first place.
Peter passed away in 2018.
Two months after Peter passed away, Caroline executed a new will.
Jeremy was not provided for in this will.
Caroline began to show signs of dementia.
Jeremy visited her every two to three weeks and found the visits pleasant.
They never spoke about Peter’s or Caroline’s will. She was suffering from dementia, and Jeremy did not want to add to her stress. He also believed the wills were the same and did not want to bring up legal matters.
Caroline passed away in 2022.
Jeremy was unaware of Caroline’s 2018 will until his solicitors got involved.
He was shocked to learn that Caroline had changed her will and that his father’s wishes had not been respected.
Our Approach
Jeremy came to Dormer Stanhope in 2023 to explain the situation.
He was informed that he was eligible for a family provision claim, against his father’s estate, however, he would need to ask the court for an extension of time as family provision claims must be brought within 12 months of the date of death.
Jeremy had significant financial need and health issues.
The case settled at mediation, where Jeremy received $185,000.