Being estranged from a parent does not automatically prevent or disentitle an adult child from making a Family Provision Claim in New South Wales.
A recent Supreme Court of NSW decision, Nevin v Nevin-Large [2026] NSWSC 1009, demonstrates why the reasons behind a family estrangement are important when the Court considers whether adequate provision has been made for an adult child.
In this case, an adult daughter who had been left nothing in her father’s Will was awarded $125,000 from his estate. The Court found that her decades-long estrangement from her father was explained by serious sexual and physical abuse she suffered during childhood.
What happened in Nevin v Nevin-Large?
The deceased died in September 2023. His 2021 Will left his entire estate to Kristie, a daughter from his second marriage.
His other daughter, Deanne, the claimant, received nothing.
Deanne had left the family home when aged about 18 years and had no contact with her father for around 34 years. She alleged that her father had sexually and physically abused her between the ages of 4 and 18.
Following her father’s death, Deanne commenced a Family Provision Claim under the Succession Act 2006 (NSW).
The Supreme Court was required to consider not only Deanne’s financial circumstances and the competing interests of the named beneficiary, but also why Deanne had been estranged from her father for so long.
Does estrangement prevent a Family Provision Claim?
No.
There is no rigid rule that an estranged adult child cannot be successful in a Family Provision Claim in NSW. Each Family Provision Claim depends on its individual circumstances.
In Nevin, the Court considered Deanne’s lack of contact with her father but found that it was well explained by what had occurred during her childhood.
The Court ultimately found that the deceased had sexually and physically abused Deanne between the ages of 4 and 18. It also found that the deceased’s moral obligation towards his daughter was enhanced by the harm caused by that abuse.
Why did the Court award $125,000?
Under section 59 of the Succession Act 2006 (NSW), the Court can make a Family Provision Order where adequate provision has not been made for an eligible person’s proper maintenance, education or advancement in life.
The Court found that Deanne had received no provision despite having significant financial and health needs. She was unable to work, relied on a Centrelink pension, had no savings or superannuation and had significant mental and physical health issues.
However, the Court also had to consider the relatively modest estate and Kristie’s strong competing claim. Kristie had provided substantial care to her father for approximately 10 years and also had financial needs.
Balancing these circumstances, the Court ordered that Deanne receive a lump sum of $125,000.
What does this case mean for estranged families?
The decision highlights an important point: estrangement is not considered in isolation.
If an adult child has had little or no relationship with a parent, the Court may consider why. Abuse, family conflict and other circumstances surrounding the breakdown of the relationship can be relevant.
The Court may also consider the applicant’s current financial needs, health, earning capacity, the size of the estate, the deceased’s obligations towards other people and the competing needs of beneficiaries.
For families, this means that simply excluding an estranged child from a Will does not necessarily prevent a future Family Provision Claim.
Can an estranged child contest a Will in NSW?
An adult child is an eligible person under section 57 of the Succession Act 2006 (NSW) and may be able to make a Family Provision Claim even after many years of estrangement.
Generally, a Family Provision Claim in NSW must be commenced within 12 months of the deceased person’s death, although the Court can permit a claim outside that period in certain circumstances.
If you have been left out of a Will, received less than you expected, or are concerned about a claim against an estate, obtaining advice early can help you understand your options.
At The Law Office of Conrad Curry, we advise clients throughout NSW on Family Provision Claims, contested estates and Will disputes. Contact our experienced Wills and Estates team to discuss your circumstances.
DISCLAIMER
This article reflects the current law at the time of publication. Please note that cases may have been the subject to appeal or subsequent judicial consideration since the date of posting. The decisions referred to are summarised for general understanding only. It is intended for informational purposes only and does not constitute legal advice. For specific legal guidance in relation to your situation, please consult with a qualified legal professional.