ACT Disinheritance from Father's Will Due to Having No Child/ren?

[Stephen500]

Hello,

I am new here, I have a question regarding disinheritance.

I am almost 29 years old and my father has pleaded with me saying if I don't give him biological grandchildren then he will disinherit me from his will.

I don't want children but I just want a reasonable share of his estate. He has re-married so I have a stepmother and she has two children from a previous marriage. He has one new (3-year-old) biological son to her. My father inherited a large estate from my grandfather (whom I cared for almost alone for 3 years) and he is twisted in old tradition and money principles. He thinks I need to ensure his bloodline and surname will continue and it's important to him, but not important to me.

I live out of home and am back studying with some $150K owing on a mortgage. The estate is a multi-million dollar entity and I think me and my half brother should be able to have 25% each if and when he passes.

I thought about finding someone to simply marry and conceive a child to better ensure my inheritance but I concluded I would resent my father for the rest of his life and be un-happy too. I don't want the lifestyle of a parent and am perfectly happy single. I am picky regarding relationships. I know what I want and it has not been found.

I want to be blunt with him and say I don't want child/ren, but I don't want to hurt his feelings as I care for him. He is very impatient and pressures me for what he wants and not what I want. What do I do?

Additionally, regarding my claim against any will he writes that excludes me I will write about what knowledge I have regarding what I would need to do and my thinking as to what could happen.

As I am over 18 he does not legally need to leave me anything in his will, however, I am able to challenge it and have a chance of getting something given its relative size and value. As the new wife is only 50% of the new estate if my 3-year-old half brother is under 18 when he passes then he will automatically be entitled to a share of either 25% or potentially even 50% if the will happens to exclude me.

If we are both over 18 then the will could be made to exclude both of us at which point we could unite and make a joint claim for half of the estate (25% each).

If he writes a will in favour of his wife and my adult (over 18 half-brother) and excluding me, I could make a claim with a good chance of success.

If he writes a will in favour of his wife and my under 18 half brother and excluding me, I could still claim but it will be harder to get a share.

Last year he wrote out a binding nomination form for a small (1 of 2) super fund he has saying that he will leave 33% to me, 33% to my brother and 33% to his wife. This super fund is a small fund and I know my grandfather left him another much bigger one. Additionally, the Pty Ltd company my grandfather left him has the bulk of family assets. Of the times I have asked him for an actual will he has said that I need to provide to him biological child/ren.

I think his strategy is to leave a significantly smaller portion amount to me to reduce the chance of me challenging the larger portion and winning a successful claim.

I have a vague idea of the balance of the small one, it could be 200K, and I suspect it is really pitiful and that the separate fund was intentionally created simply as a way to prevent me making a claim on the actual estate. In other words, he sees it better as leaving me a significantly small amount instead of nothing to prevent a successful claim on the actual estate. This is the way he is like.

 

[Rob Legat - SBPL]

What do you do? Come to the realisation that his estate is his estate - not yours. If he wants to put restrictions on who gets what when he passes away then, so long as he is within the law, he's entitled to do so. Whether that's 'unfair' or not is irrelevant.

Receiving a bequest under a deceased estate is akin to receiving a gift. You can't legally, or in good conscience, demand that someone gives you a gift.

 

[Stephen500]

After a childhood of him working and giving me next to no regular attention (potentially resulting in my lifelong ADHD, Autism and OCD (Formal diagnosis on paper), a lifetime of him working 6 and 7 days a week badgering me telling me what will one day be mine to pass to my kid/s (And not my wife!), after years of him trying to coerce and or manipulate me into defacto and personal relationships with friends and associates daughters.

The first time in my life (In my mid 20s) I got close to a girl he wanted re-assurance of grand-kids after the first month of knowing of the association. When all his such friends really cared about is the potential economic benefit from being with me, how was I supposed to develop normal and decent interpersonal skills?

He recently asked what's wrong with me? Why can't I do what he wishes? The reason is that I know factually that I'm not good enough to handle a normally intended woman let alone a family, so it's in my best interest to stay single. He won't accept that I form relationships with older mature people who can see, understand and care for me and that I can look after in return. These kinds of people need me just as much as I need them and have little to gain from me, that's what I see in them. That's great because I know they are well intended and will not use or dispose of me in any planned course of action.

The one woman I got close too took me for a ride the moment she conceived of the fact that she would potentially stand to gain far more than she would ever lose. Taking advantage of my disability and engaging psychological warfare, emotional manipulation and mental abuse to get whatever she could from my father through me. In a short period of time, she took me for a ride and tore my relationship and trust with my father forever. I can't fix it but I can ignore his advise to have nothing to do with women of similar or younger age because I see it as being in my best interest.

I proclaim it hurt but I stood it through and survived a dark few months of my life alone.

Now after all this my father disinherits me from my grandfather's estate due to the actions and influence of this girl. When I was in fact the one who spent the most time of anybody with my grandfather alone during the last 3 years of his life to his daily service, my father who got it all now writes a will leaving me some demeaning fraction of his estate in favour largely of his newborn son who will likely have little knowledge of how to make good and responsible use of such funds when he gets them. It will likely be of interest to his first attempt of an adult relationship. You can't legally, or in good conscience, demand that someone gives you a gift, but you can ethically and responsibly make sound decisions.