Lamperstorfer v. Lamperstorfer
This case involved an action by the children of the deceased to vary their father’s will. The will left 25% to each son, 10% to his ex-wife, and the remainder to other relatives who were not around for most of his life.
Despite the children supporting their father emotionally and financially during his health decline, the father had delusions that his children were trying to kill him, due to his alcoholism and psychiatric issues. This led to his distrust of them and this was reflected in the distribution of his will.
At the time of his death, one of his sons also struggled with alcoholism, and both sons struggled to support themselves financially.
The court found that the deceased had strong moral obligations to provide for his sons.
Each of his sons was awarded 40% of his estate. The ex-wife’s 10% share was not redistributed, as it was recognized that she provided consistent assistance to the deceased, even after they had divorced. The remaining 10% was apportioned between the other relatives mentioned in the Will.
In cases such as this, a lawyer will advocate for you in court to obtain an order to vary the will, to reflect the obligations under the law. These claims can be lengthy and complicated, and it may be unclear if you have a claim or what evidence a judge will find convincing.