Can an estranged family member still get inheritance?

When someone passes away, their estate (their money, property and belongings they leave behind) is usually divided among their loved ones according to their will or the law. But what happens if a family member has been estranged – meaning they’ve been distant or out of contact for a long time? Can they still receive something from the estate?

The short answer: Yes, it’s possible.

Even if a family member has been out of the picture for years, they could still be entitled to a share of the estate under certain conditions. Here’s what you need to know.

Scenario 1 – There’s a will

If the deceased left a valid will it should be followed. A will is essentially a legal instruction manual on how the estate should be divided. The person who wrote the will (called the testator) gets to choose who gets what, even if its nothing for certain family members.

But here’s the catch: estranged family members, especially children, may still have a right to challenge the will if they feel they’ve been unfairly left out. This is where something called a family provision claim can come into play.

Scenario 2 – No will (intestacy)

When someone dies without a will (called dying “intestate”) the law steps in to decide how the estate is divided. Usually, it follows a set formula that gives priority to spouses, children and other close relatives. In this case, an estranged family member (like a child or spouse) is likely to be entitled to a share regardless of whether they were in contact with the deceased.

Family Provision Claims: Challenging a Will

Even if someone is left out of a will or given only a small inheritance, they may be able to contest it by filing a family provision claim. This usually applies to close family members like children, spouses or sometimes dependants.

But what’s the reason for this?

The law recognises that sometimes, a person may be unintentionally left out of a will or may not have been adequately provided for, even if they have been estranged. If the court believes the person has a legitimate need, they might step in to change how the estate is divided.

What does the court look at?

When deciding if an estranged family member should get provision from the estate, the court typically considers:

• Relationship history: was the estrangement recent or long-standing? What caused the separation?
• Financial need: does the estranged person have financial struggles or health issues that make them dependent on the estate for support?
• Size of the estate: how big is the estate? Can it support giving something to the estranged family member without affecting others?
• Other beneficiaries: how would giving the estranged family member a share affect the others in line to inherit?

Will estrangement prevent inheritance?

Being estranged doesn’t automatically disqualify someone from receiving part of an estate. In fact, in some cases, an estranged person may have a strong legal claim, especially if they were financially dependent on the person who passed away or if they were a child or spouse.

Every situation is unique

When it comes to estranged family members and inheritance, the outcome can depend on the specifics of the situation and how a court views the case. O’Hearn Lawyers have experience on both sides of the coin – protecting estates from unjust claims and making claims for provision. If you are in a position where an estranged relative is involved in an estate matter, call our estate team on (02) 4951 8199 or click here to submit an enquiry.