CASE: Allan v Dobbins & Ors [2024] QDC 169
When David Allan died on 14 June 2020, his Will left most of his estate to 3 of his 7 adult children.
Of the remaining 4 children, 3 were left with a mere $50 each and the last - Noel - was left nothing.
For decades, Noel had worked the family farm and been in partnership with his parents. But the partnership ended in 1998 when Noel threatened to shoot his father.
Noel walked away from the partnership with one-third of the family farm.
In David's Will, he expressly stated that he made no provision for Noel because Noel had received enough already.
Noel applied for further provision from the estate. Although he did not fully disclose his financial circumstances, it was determined that he was worse off financially then the three siblings set to inherit the majority of the estate.
Justice Allen determined that:
"The Court is not, on the evidence, in a position to gainsay the view of the testator... that the applicant had received "more than his fair share" of the estate during the testator's lifetime..."
Noel's application was dismissed.
