Cain vs Abel? Twins battle over mum’s $1.2M will

It’s something many of us dread happening with our estate when we die.

And if you’ve ever had siblings and dealt with a parent’s will, then you might be able to relate to this situation.

A noteworthy case has emerged in a Sydney court recently, in which a man tried to have his twin cut from their mother’s estate – claiming he hadn’t been a good son.

The Sydney Morning Herald reports that Lennie Meres claimed he was entitled to more of his mother’s $1.2 million estate than his brother Rodney.

He had been looking after his mother Olga, and claimed his brother had a strained relationship with their parents.

Lennie claimed his brother had stopped speaking to his mum, and didn’t attend her funeral.

The court case revealed a long history of dispute in the family. Olga had originally declared Rodney was to have nothing from her will, but just before her death in 2015 she changed her will to split her estate equally between her two sons.

“I have had no contact with my brother, nor have my parents, to my knowledge, since my father had his major stroke in 1991,” Lennie said.

“On that occasion he showed up for an hour and visited. He has not to my knowledge visited my mother or father since that time.” 

But despite his argument, Lennie, who has been living in his mother’s house since before she died, lost the case.

Justice Philip Hallen rejected Lennie’s claim he was entitled to more than his twin brother.

“Whilst the court readily appreciates that [Lennie] may feel hurt and upset that the deceased has chosen to provide one-half of the Rockdale property for [Rodney], in the circumstances of this case, an order for further provision cannot be made,” he said, according to the Sydney Morning Herald.

As lawyer Esterina Azzi from De Groots wills and estate lawyers was quoted by the SMH as saying, it’s not the courts job to “remedy perceived unfairness”.

“Although the court was certainly satisfied that the relationship between Lennie and his mother was far closer that the relationship between Rodney and his mother, that did not automatically mean Lennie had ‘an entitlement to receive a greater portion of the estate’,” she said.

“Family provision proceedings are not about providing a reward for the plaintiff’s good conduct or punishment for negative conduct.” 

What do you think? Have you ever battled a sibling over a will? Do you agree with the court’s decision?