Post date: 16-Dec-2011 22:33:02
The Law Commission (UK) where they have similar Family Provision laws to Australia have agreed that adult children that can provide for them selves should have no claim on an estate.
In Australia the judge is able to just share out an estate as they like, only needing to pay lip service to the will.
Read the report at
THE LAW COMMISSION, INTESTACY AND FAMILY PROVISION CLAIMS ON DEATH.
Read the section 'Adult Children '
As Acting Justice Windeyer said in a recent case "costs seem to be out of control" where 29% of an estate was spent on lawyers.
Recent media report suggest that the New South Wales Supreme Court wants to make more people who contest a will and lose pay some legal costs. I doubt this will happen as the judges feel sorry for them and cant resist splashing all that money around.