What happens when someone dies without a will and their adult child is left without provision? Can the child still make a claim on the estate? A recent case in the Supreme Court of NSW—Oates v Oates [2025] NSWSC 548—sheds important light on how the law deals with competing claims in complex family situations.
A Complicated Family Story
When Steven Oates died in 2022, he did not leave a will. Under NSW intestacy laws, this meant that Steven’s wife, Jan, inherited all of his estate. Aaron, Steven’s son from a previous marriage received only a small share of Steven’s superannuation. Aaron made a family provision claim under the Succession Act 2006 (NSW), asking the Court to make provision for him from property which was outside of the estate by making a “notional estate” order.
Notional estate which can be affected by an order and brought into the estate for the purposes of a family provision order may include a home which was held as joint tenants, which automatically passes to the surviving co-owner, and superannuation.
What Was at Stake?
Steven’s actual estate was valued at less than $4,000. However, the assets which Aaron sought to be brought into the estate to satisfy an order in his favour included:
- A property at Bateau Bayon the NSW Central Coast, valued around $1.1 million, which was owned as joint tenants with Jan at the date of Steven’s death and passed to her by survivorship.
- A superannuation death benefit of $293,345, of which Jan received 90%.
Aaron argued these assets should be the subject of a notional estate order, so the Court could make a family provision order in his favour. Jan opposed the claim.
The Court’s Decision
After a four-day hearing, the Court ruled in Aaron’s favour.
The judge accepted that Aaron and Steven had a close relationship, although it was sometimes strained due to family tensions and the COVID pandemic. Importantly, Aaron suffered from a rare genetic condition called Von Hippel-Lindau Syndrome, which had caused him to undergo multiple brain and spinal surgeries, leaving him partially deaf, with the need for ongoing and costly medical care.
Even though Aaron was working full-time and supported his family, the Court recognised that his long-term health and earning capacity was uncertain. This tipped the scales in favour of awarding him additional provision.
The Court ordered that Aaron receive a legacy of $120,000, but not immediately. Instead, he was to receive from the net proceeds of the Bateau Bay home when it was sold—either at Jan’s choice or upon her death. Jan also had the option of paying Aaron a lump sum now to sever legal ties.
This outcome allows Jan to remain in her home, respects the intention she and Steven had to care for each other, and still gives Aaron the support he needs for the future.
What This Means for You
This case shows how the law can step in to balance competing interests, even when someone dies without a will:
- Adult children can still claim provision, especially when they have health issues or financial vulnerability.
- Blended families face extra challenges. Relationships can be complex, and emotions run high when someone passes away.
- Wills matter. Steven never updated his estate planning after marrying Jan. That meant the law—not his intentions—decided who got what.
- Joint tenancies and superannuation aren’t always straightforward. These assets often bypass the estate, which can leave loved ones out if you’re not careful.
If you’re part of a blended family, have children from a previous relationship, or own significant assets with someone else, now is the time to review your estate planning. A clear, up-to-date will and legal advice can help avoid conflict and ensure your wishes are followed.
Contact us today to speak with our experienced estate lawyers about protecting your loved ones and securing your legacy. We’re here to help you make confident decisions about your future.
DISCLAIMER
This article reflects the current law at the time of publication. It is intended for informational purposes only and does not constitute legal advice. The actual decisions in each case are summarised for general understanding. For specific legal guidance in relation to your situation, please consult with a qualified legal professional.