Paola Fudakowska & Henrietta Mason provide a wills & probate update
In the recently decided case of Re JC [2012] WTLR 1211, JC had four children:
- A, with A’s mother who was 15 when she gave birth. A was subsequently put into a children’s home and then fostered. JC denied being A’s biological father but a paternity test confirmed otherwise.
- B and C were born following JC’s marriage to Mrs C. They divorced due to JC’s violence and aggression to all members of the family.
- D was born almost a year after JC and Mrs C divorced (the consequence of JC raping Mrs C). D was given up for adoption as Mrs C was living in considerable poverty.
Neither B nor C had contact with JC for decades, but had been in contact in the later stages of his life. A was in contact with JC throughout his life despite JC denying paternity. D had made contact with her mother and B and C, but had never met JC (he again denied paternity).
In 2008, JC executed a will appointing B and
