Competing Financial Needs – Silence From The Opposition

In a typical Constable Connor case, our client has been left out of the will (or does not participate in the distribution to next-of-kin where there has been no will).

When the claim is brought, there can be a contest over the question of “moral duty”. Did the deceased owe a moral duty to provide for our client?

In addition, there is almost always an argument over the measuring (or balancing) of the financial needs of the people entitled and the people claiming that they should be entitled.

In a recent case, the people entitled under the will refused to provide us with details of their assets. This had not happened before, so we asked one of our barristers.

It turns out that courts have long held in Victoria that, where people refuse to disclose their assets and income, the Court will assume that they have no financial need.

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