Estrangement and contested wills cases

The more recent authorities have held that a State of a estrangement or even hostility between a testator or testatrix and a claimant does not terminate the obligation of the testator or testatrix to provide for the claimant. In Palmer v Dolman [2005] NSWCA 361 Ipp JA, after a review of the cases, observed (at [110] that: ‘… the mere fact of estrangement between parent and child should not ordinarily result, on its own, in the child not being able to satisfy the jurisdictional requirement under the Act.’… Foley v Ellis [2008] NSWCA 288 at 101.


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