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Foster Child for 18 months Wins claim!

posted Sep 23, 2013, 4:08 AM by Greg Anastasi   [ updated Sep 23, 2013, 4:10 AM ]

Hamilton v Moir [2013] NSWSC 1200 (2 September 2013)

A woman fostered to a family in the 60's and having some contact there after has won $80,000 from the estate.
The case cost the $900K estate $234K in costs and reduced the 2 sons provision by $157K each.

Furthermore, it was the type of relationship which enabled the deceased to look past some of the aspects of Vera's life of which she disapproved, for example, her marrying and having a child at such a young age, her smoking, and her going to clubs and playing the poker machines. It would have been relatively easy, one would imagine, for the deceased to terminate the relationship with Vera if the deceased had wished to do so. But she did not.

"However, since neither of the solicitors was cross-examined on his explanation of why the costs and disbursements were so high, it would not be proper to say any more" WTF ??

"There is no evidence of the testamentary intentions of the deceased other than in the Will to which I have referred." Should be enough!