The share of an illegitimate grandchild in the grandfather’s estate

In Re APB ex parte Sheehy [2017] QSC 201, the Supreme Court of Queensland had to decide the benefit for a particular grandson, the child, in the estate of the grandfather.

The grandfather, APB, had substantial assets and wanted to benefit his illegitimate grandson but the father of the child, PBX, opposed the desire of his father.

The child was born as a result of a sexual encounter between SPB and a friend with whom SPB worked at the time. The friend was not SPB’s partner or girlfriend. SPB initially disputed being the father, but a DNA test proved that he was.

The child was raised by his mother, he left school at the end of Grade 12 and had worked hard to make a living. The grandson had exhausted his annual leave, “purchased” leave from his employer by way of salary reduction and took unpaid leave so that he could spend most of his time with his dying mother. He also had to care for his maternal grandmother, a task that his mother performed until she was too ill to do so.

The grandfather did not meet the grandson until August 2017, when they met in the precincts of the Court. At the time grandson was in the mid-20s. However, APB has long known of his grandson’s existence as the illegitimate child of his son SPB and referred him in his will made in 2005 as to “any illegitimate child of SPB”.

The will made by APB in 2005 was purportedly revoked by him in 2013. This purported revocation and the fact that APB lacked testamentary capacity led to the litigation.

The Litigation Guardian of APB, the grandfather, approached the court for a statutory will.

The Court considered all the facts and made sufficient provision for the grandchild.

Originally published on 18 October 2017 at LinkedIn.

Basharat Ahmad Jatt

Barrister & Solicitor

Principal

Jatt Lawyers

Melbourne, Australia


Disclaimer

This article is general information for the community and not legal advice. For legal advice please contact with particular facts of your case.

The author is an Australian Lawyer of Pakistani origin. Anyone looking for an Urdu, Punjabi, or Hindi speaking lawyer in Australia can confidently contact Jatt Lawyers.

Legal support for Australian Muslims for inheritance and family law issues in Australia is the common practice area of Jatt Lawyers.

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