The estate of Bob Hawke, who served as Prime Minister of Australia from 1983 to 1991, can cause a legal dispute between his daughter Rosslyn Dillon and his second wife. His daughter is preparing to file for inadequate provision after discovering the pittance she was set to receive from his last will and testament.
Inadequate Provision Can Allow Individuals Portions of an Estate Despite Freedom of Testation | Connolly Suthers
1. Inadequate Provision
Can Allow Individuals
Portions of an Estate
Despite Freedom of
Testation
Connolly Suthers
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2. The estate of Bob Hawke, who served as Prime Minister of Australia from 1983 to 1991,
can cause a legal dispute between his daughter Rosslyn Dillon and his second wife. His
daughter is preparing to file for inadequate provision after discovering the pittance she
was set to receive from his last will and testament.
Disproportionate Allocation?
The former prime minister passed away on 16 May 2019 and left behind a multimillion-
dollar fortune. Dillon is considering contesting the will and pleading inadequate provision
when it came to light that she and her two siblings would only be receiving approximately
AUD 750,000 each from their father's millions. Hawke left behind the rest of his fortune to
his widow and biographer, Blanch d'Alpuget, with no further provisions for his progeny.
Do Rosslyn Dillon and other people who are facing similar dilemmas have a reasonable
chance of winning her case if she proceeds to court? That depends if they meet the
parameters of an inadequate provisions claim.
3. Details of Inadequate Provision Claims
“Freedom of testation” is a basic legal principle that allows people to will their estate to
whomever they want. This can sometimes lead to unfair distribution of assets, especially if
the decedent's wishes will deprive someone of needed resources. Without proper estate
planning overseen by experts, people can even die “intestate”, which means without a
valid will.
Inadequate provision exists to remedy this problem. Certain relatives of the deceased can
file for this legal procedure. This list of relatives includes the decedent’s spouse or
domestic partner, a person they divorced, their children from these relationships and
immediate family members, such as siblings and parents. These individuals must apply
for inadequate provisions within six months of the will's probate.
The court decides the legitimacy of the inadequate provisions based on the size of the
estate, whether or not the claimant is truly in a position of jeopardy due to their small
portion and the intimacy of the relationship between the claimant and the departed. If the
court ascertains that the size of the applicant's portion is unjust, they can demand that
the estate adjust the share as needed.
