Blast from the past

Published in Coffs Coast News of the Area on 3 July 2026

Daniel passes away unexpectedly, leaving no will.

Daniel’s mother, Amanda consults a solicitor regarding the administration of the estate.

Amanda tells the solicitor that Daniel was never married, did not leave a de facto partner and had no children.

The solicitor advises Amanda, that in the circumstances, she is entitled to the whole of Daniel’s estate. consisting of a home worth $500,000.

With the assistance of the solicitor, Amanda sells Daniel’s home and uses the proceeds of sale, together with some of her savings to purchase a new home in her name. She moves into the home with her husband.

Ten years later, Amanda receives a message via Facebook from a young man named James. He informs her that she may be his grandmother.

James discovers that Daniel has passed away and asks Amanda about his father’s estate.

James obtains legal advice and a paternity test is conducted. The paternity test concludes that James is Daniel’s biological child.

James commences action in the Supreme Court of New South Wales, naming Amanda as the defendant, seeking orders that she compensate him on the basis that he is entitled to the whole of his father’s estate, based on “the rules of intestacy”.

At the hearing, Amanda reveals that she had been aware before Daniel’s death, that James was in fact his son.

Under cross-examination, Amanda states that James should not be entitled to his inheritance, because “family should not sue each other”.

The Court concludes that Amanda should have instructed her solicitor, that James was Daniel’s son and on the basis of a “misappropriation of trust property” orders that James is entitled to the whole of Daniel’s estate.

Despite resistance from Amanda, the Court further orders that James can “trace” the proceeds of his father’s estate, which were used to primarily fund the acquisition of Amanda’s home and on this basis, he is entitled to an interest in her property calculated at 82.3%.

If you have a request for a Hypothetical, call Manny Wood on (02) 66 487 487 or email [email protected].

This fictional column is not legal advice.