Equal isn't always fair: ‘A’ Minor dispute

Published in Coffs Coast News of the Area on 10 July 2026.

Hans dies at 82, leaving behind his wife of 22 years, Greta, his daughter from a previous marriage, Anna, and a Will that, at first glance, seemed perfectly sensible.

Hans appointed Greta and Anna as executors and, aside from a gift to a local charity, directed the family home and the balance of his estate be sold, with the proceeds divided equally between them.

The house was also home to Hans’ pride and joy, a century-old grand piano occupying almost half the living room. According to Hans, it had survived two world wars, two moves, and one enthusiastic removalist armed with a crowbar. One thing was beyond dispute; nobody was moving the piano. Not in theory, not in practice, not under any interpretation of the Will.

For Greta, complying with the Will meant more than selling a house. She had lived in the property for over a decade and expected to remain there. Now 73 and retired, she faced leaving the property she had been in for more than fifteen years. “Half the estate” sounded generous on paper, but provided limited security in a property market where suitable replacement housing was increasingly difficult to secure.

Anna understood her father’s wishes but recognised Greta’s predicament. An equal division of the estate would give Greta half its value, but not the security of a roof over her head.

Greta commenced proceedings seeking further provision from Hans’ estate.

Before the hearing, the parties agreed Greta would receive a 75% interest in the home together with a ten-year right to reside, and Anna the remaining 25% interest and balance of the estate.

The Court approved the compromise, allowing Greta to remain in the home for the next ten years.

As a result, the family never discovered whether Hans’ century-old grand piano could have survived another move, or whether the removalist ever actually needed the crowbar.

Thank you to Ellysha Laklem for her assistance with this column.

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.