Case Note: When an Adult Child Challenges a Will
Challenging a Will: How the Court Decides
The recent case of Madjeric v Madjeric highlights the law around challenging a Will in Queensland.
In this case, a mother passed away in 2023 leaving two adult sons, Lou and Eric. Her Will left everything to Lou. Eric brought an application to the Court, arguing that he should also receive a share of the estate.
Challenging a Will: How the Court Decides
When someone challenges a Will, the Court follows a two-step process:
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Has the person been left without adequate provision?
The Court considers their financial circumstances, the size of the estate, their relationship with the deceased and the needs of other family members. -
If so, what provision should be made?
The Court then decides what amount, if any, should be provided from the estate.
Key Issues
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Financial position – The Court reviewed both brothers’ finances, including property, pensions, health and family responsibilities. Eric’s continued support for his adult children was taken into account.
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Estate value – There was disagreement about the value of certain properties and whether capital gains tax should be treated as an estate liability. The Court adopted Eric’s valuation and agreed with his position on the tax issue, valuing the estate at around $870,000.
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Changing Wills – Over the years, the mother changed her Will several times. Sometimes she favoured Lou, sometimes Eric. In her final Will, Eric was excluded. The Court gave limited weight to this decision, noting that it followed family disputes and was influenced by suspicion and distrust.
The Decision
The Court accepted that Eric had not been adequately provided for. Taking into account gifts already made during the mother’s lifetime, the value of the estate, and Eric’s financial needs, the Court ordered that $250,000 be paid to Eric from the estate.
Why This Case Matters
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Adult children can still succeed in claims where genuine financial need is shown.
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Property valuations and tax treatment can materially change outcomes.
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A history of frequent Will changes, particularly after family disputes, may weaken the case for excluding a child entirely.
DSL Law provides expert advice in relation to Wills and Estates. Our approach is proactive and based around ensuring that challenges don’t arise. If you would like to have an obligation free conversation with one of our estates team, please get in touch.