Family Provision: Walter Receives $300,000 for His Family Provision Claim After Years of Exclusion by Stepmother
Challenging exclusion to secure a $300K family provision settlement.
This image is for illustrative purposes only and does not represent our actual client.
Walter's Story
Pseudonyms are used to protect the client's identity.
Walter's parents were together for two years. He was their only child.
Walter’s father, Ian, left when he was two. Walter did not see Ian again until he was 10. He didn’t know why Ian returned.
Ian remarried Tracey and had two more children. Tracey told Walter not to tell anyone he was Ian’s son. He was not allowed to call Ian “dad.”
From the age of 10, Tracey excluded Walter from the family. She removed photos of him from the home.
In 2016, Walter hosted a party for his 40th birthday. Ian told him, “I feel like a deadbeat dad for not always being there for you.” That same morning, Ian was diagnosed with cancer.
During Ian’s final days in palliative care, Walter stayed with Tracey. She told him, “When Ian passes, I want to come home to an empty house.”
Walter had a good relationship with Ian until his death. He saw him the day before he passed.
Walter never discussed Ian's testamentary intentions, feeling it was a personal matter.
Tracey excluded Walter from organising Ian's funeral.
Walter was not invited to scatter Ian's ashes. This was extremely hurtful as it held significant cultural importance in Walters Australian Indigenous heritage.
For Ian's superannuation to be released, Tracey told Walter he had to sign a form stating he was not financially reliant on Ian.
Ian was left nothing. He felt Tracey would not consider his short and long-term financial needs.
Our Approach
When Walter contacted Dormer Stanhope, he was told he had a family provision claim.
Walter was eligible as he was the child of the deceased.
After his flatmate moved out, Walter could not afford rent. His account was often overdrawn.
Walter had a car loan to pay off.
Walter lived week by week with no security or savings for emergencies.
Walter did not own property and couldn’t accumulate sufficient savings.
Walter had dental expenses, including paying off braces on a 12-month plan. He struggled to pay for each appointment.
Walter was diagnosed with mental health issues and took antidepressants, often struggling to afford medication.
Walter dreamed of starting a photography business but lacked the funds.
Walter lived alone and supported himself. He never asked Ian for money, but as their relationship grew, Ian gave him small amounts on special occasions.
Walter’s case settled at mediation with him receiving $300,000.
Walter now owns a photography business focused on Sport, Indigenous culture, and mental health.