About this episode

The episode discusses estrangement in family provision applications and its implications in court decisions.

In this episode of De Groots with DeGroots , Tony Skinner speaks with Elizabeth Lorimer about estrangement in family provision applications. Elizabeth explains that estrangement is a factor the court may consider, but it is not an automatic barrier to a claim. The discussion covers how courts assess need, the difference between estrangement and disentitling conduct, why family provision cases are highly fact-specific, and why simply leaving someone out of a will does not guarantee they cannot make a claim. The episode also looks at practical considerations for will makers, including the importance of documenting reasons for unequal provision and understanding how courts may treat long-term family breakdowns. Estrangement can be relevant in a family provision application, but it is only one factor among many. The court will still consider the size of the estate, the applicant’s need, competing claims, and the relationship between the applicant and the deceased. Elizabeth notes that many family provision applications settle at mediation, particularly in Queensland where mediation is mandatory. Even so, lawyers still need to prepare the case as if it may ultimately be heard by the…

People in this episode

Host: Tony Skinner

Guest: Elizabeth Lorimer

Topics covered

• estrangement
• family provision applications
• court assessments
• will making
• financial need
• mediation

Keywords

• estrangement
• family provision
• court
• will makers
• financial need
• mediation
• disentitling conduct

Mentioned in this episode

Organizations: De Groots, Queensland

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