State against state

Published in Coffs Coast News of the Area on 12 June 2026.

Wally, in his early 60s, resides in Brisbane and has established a successful business.

He divorced his wife several years ago and has a son, Andrew who is in his early 20s.

Wally had hoped that Andrew would run the business after he left high school. To Wally’s disappointment however, Andrew decided to pursue a career playing rugby league and has started playing for a Sydney club.

Wally wants nothing further to do with Andrew and consults a solicitor with a view to disinheriting Andrew from his sizeable estate. The solicitor advises Wally that in Queensland it is possible to structure his affairs to prevent Andrew from making a successful claim against his estate.

The solicitor advises Wally that Andrew will not be able to make a claim against assets that are held as joint tenants because in Queensland there is no ability to “claw-back” these assets as “notional estate”.

On the advice of his solicitor, Wally begins purchasing Queensland property with his de facto partner as joint tenants. Wally’s will makes no provision for Andrew and he also ensures that his superannuation fund has a binding nomination in favour of his partner.

When Wally dies, the business had been sold and the bulk of his estate consists of jointly owned real estate. Because the properties were held as joint tenants with his partner, the properties vest in his partner’s name upon Wally’s death and his estate therefore has virtually no value when he dies.

Andrew obtains his own legal advice from a solicitor practising in New South Wales. The solicitor discovers that the registered office of Wally’s superannuation fund is located in New South Wales.

This means that despite Wally’s best endeavours to disinherit his son, a sufficient nexus can be established with the New South Wales jurisdiction and a New South Wales Court can make an order dealing with the jointly held Queensland properties and the balance of the superannuation fund.

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.