Lambeff v. Farmers Co-operative Executors & Trustees Ltd.
Supreme Court of South Australia
56 S.A.S.R. 323 (1991)
After separating from his first wife, George Lambeff had a daughter (plaintiff) with her before starting a new relationship with Barbara Lambeff and having two more sons, Nicholas and Christopher (defendants). The daughter lived with her mother and stepfather and periodically tried to reach out to George over the years, but he never responded or supported her; George's eventual will left his entire roughly $220,000 estate to his two sons and excluded his daughter entirely. She sued under the Inheritance (Family Provision) Act, which lets courts award a share of an estate to someone left without adequate provision for proper maintenance, education, or advancement in life. By the time of George's death, the daughter was a financially stable, unmarried marketing officer earning $33,000 who owned a $120,000 apartment with a $66,000 mortgage, while Nicholas and Christopher owned no real estate, each had two children, and both relied on income from their father's caravan park - the estate's major asset - to support their families.
Whether a court may award an omitted child part of a deceased parent's estate when the parent's will left the child without adequate provision for her proper advancement in life.