Disputed Will - Case Study - Future Needs

We were recently engaged to assist in an estate dispute concerning the future financial needs of a daughter who had been excluded from her late father's will.

The daughter, an unmarried, self-employed writer, experienced variable income, common for professionals in creative industries, but maintained a reasonable standard of living on average. Medical evidence indicated she would likely need to retire earlier than the standard age, which added complexity to determining her long-term financial requirements.

By contrast, her sister had received property from their father prior to his passing, creating a disparity that formed the basis of the claim.

Our Valuation Approach

Our forensic accounting team was tasked with quantifying the lump sum that would allow the daughter to maintain her standard of living during retirement. The analysis followed a structured and evidence-based process:

• Current Income and Expenses

  We reviewed her historical earnings and spending patterns, noting that her mortgage would be fully repaid before retirement, reducing her future income needs accordingly.

• Superannuation Modelling

  We calculated the required superannuation balance that would generate a sustainable retirement income. This included:

  • Tax benefits from concessional super contributions

  • Projected super fund investment returns

  • Applicable income tax rates and inflation assumptions

  • Her expected life span

A Practical and Balanced Outcome

Our analysis enabled a swift and fair resolution. While the daughter’s initial claim sought a substantially higher amount, our tax-efficient modelling demonstrated how a more modest lump sum, when properly structured through superannuation, would still achieve her retirement goals.

This case highlights the critical role forensic accountants play in estate litigation, bringing clarity to complex financial needs, and enabling early settlement through reliable evidence and sound financial planning.

Need expert assistance in an estate dispute or family provision claim?

At Dolman Bateman, our forensic accounting team specialises in disputed wills, family provision claims, and estate litigation matters. We help uncover the true financial picture so you can reach a fair and informed resolution.

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Disclaimer:

The information provided in this article is general in nature and does not constitute personal financial, legal or tax advice. While every effort has been made to ensure the accuracy of this content at the time of publication, tax laws and regulations may change, and individual circumstances vary. Dolman Bateman accepts no responsibility or liability for any loss or damage incurred as a result of acting on or relying upon any of the information contained herein. You should seek professional advice tailored to your specific situation before making any financial or tax decision.