CASE: Rada v Smith [2024] NSWSC 273

“In the legal folklore which surrounded will making in Victorian England, the archetype of the spiteful father was one who disinherited his only child and left everything to the Battersea Dogs Home. That, almost literally, is what the plaintiff says her late father has done to her, albeit in Australia.” (Justice Kunc)

In this case the estranged daughter Rebecca moved with her mother to Canada when she was only 3 years old. Her father Igor stayed in Australia and they had limited contact throughout Rebecca's life.

When Igor died in 2022, he made no provision for his daughter in his Will.

Rebecca applied to the Court seeking provision from her late father's estate.

Many would describe Rebecca as Igor's long-estranged daughter and consider the estrangement as a relevant factor when determining whether Rebecca was entitle to any of her father's estate.

Justice Kunc warned that the use of the word "estranged" was problematic as it often associated with wrong-doing, condemnation, disgrace, or shameful behaviour.