Recently in Cairns, the District Court made an order for a step-son to receive a further $30k from an estate worth approximately $260k.
In determining the matter, the court found that the applicant’s net worth was fairly low as he headed towards retirement age and he had also contributed significantly to the maintenance and upkeep of the deceased’s property which was the main asset of the estate.
Whilst costs are yet to be dealt with, the cost of the litigation to trial if paid from the deceased’s estate, will reduce the net value of the estate to approximately $135k.
Unsurprisingly, the tone of Harrison DCJ comments is the essence of the court’s feelings about litigating over such small estates.
You can read the case here.