Madison Receives $425,000 After her Mother’s Estate Was Left to her sister and Nephew
Family Provision Claim
Daughter and carer wins $425k after exclusion from estate.
Madison devoted years to caring for her mother, only to be excluded from her will. We helped her secure $425,000 through a family provision claim.
If you’ve been unfairly left out of a will, we’re here to help.
This image is for illustrative purposes only and does not represent our actual client.
Madison's Story
Pseudonyms are used to protect the client's identity.
When Judith passed away in January 2023, her estate was left entirely to her eldest daughter Jasmine (now deceased), and to her grandson—the son of her other daughter, Zoe.
Her youngest daughter, Madison, was left out, despite being her primary caregiver in Judith’s final years and maintaining a close, lifelong bond.
Judith met her husband Elijah in 1961 and they married the following year. Elijah became the family’s main provider, covering most living expenses, mortgage payments, and utility bills.
During their early years, financial pressures led Judith to send her two eldest daughters, Jasmine and Zoe, to live with an aunt in Queensland.
Madison, however, refused to leave her mother’s side and remained with Judith in Sydney.
Once Elijah’s support stabilised the family’s financial situation, all three daughters were reunited under one roof.
Madison’s Story:
Madison always saw Elijah as a father figure, and he treated her with the same love and care as his own children.
Judith, too, prioritised her family over socialising, staying home to raise her daughters.
In 1981, at age 23, Madison met Sebastian at work. The relationship caused a conflict of interest, leading to her dismissal.
She and Sebastian married in 1983 and had a child three years later. Madison paused her career to raise their son but separated from Sebastian due to infidelity.
She returned to her parents’ home, where she and her child were supported.
Madison eventually started a new relationship, but in 2018, she separated from her partner due to domestic violence. Jasmine was a key source of emotional support during this period.
In 2020, Jasmine was diagnosed with lung cancer and sadly passed away later that year. Just months later, in 2021, Elijah took his own life, compounding Madison’s grief.
Later that year, Judith was admitted to a nursing home due to declining health.
Madison visited her every second day, providing care and companionship. In contrast, Zoe and her family, including the grandson appointed executor of Judith’s will, visited only three times over the entire 18-month period.
While in care, Judith told Madison, “I do not want you to be left with nothing. It is important to me that you are taken care of.”
She made inquiries about updating her will but passed away before formalising any changes.
Our Approach
Madison approached Dormer Stanhope in 2023, seeking legal assistance regarding Judith’s will. Although her mother’s intentions were not formally documented, Madison hoped her wishes would still be honoured and that she would receive a portion of the estate.
She was advised that, as Judith’s daughter, she was eligible to make a family provision claim.
Madison’s case was resolved at mediation, where she received a settlement of $425,000.
This provision has had a significant impact on Madison’s life, particularly after she was made redundant earlier that year.