Valentini v Valentini [2014] VSC 91

The deceased was survived by 4 children from 2 marriages. The deceased’s estate worth $650,000 included the family home and various bank accounts.

The deceased’s will appoint his youngest son as sole executor and gave the residuary estate to him. The will gave no reason for excluding the other 3 children.

The claim was brought by the 3 excluded children. Each of the children claimed provision from the estate and alleged that they had experienced abuse at the hands of their father.

Each of the children had a different idea of how the estate should be divided.

The Supreme Court of Victoria awarded each of the children a 25% share of the estate. The judge performed a detailed analysis of the children’s overall well-being, emphasising the continual impact of the father’s abuse as giving rise to an obligation to make provision, notwithstanding the fact that all 4 children had at some time become estranged from their father.