No will sparks a family feud

Sarah Vogler

A mother may lose part of her son’s $500,000 estate to his estranged father because the 22 year old did not have a will, legal experts say.

Toowoomba labourer Gary Sutton was killed in a car accident on February 24 last year – just four days after his 22^{nd birthday.}

His mother Annie told The Sunday Mail that after his death, solicitors told the family Gary had an estate worth just over $500,000, the majority of which came from a superannuation insurance payout.

Ms Sutton said she, Gary’s ex-girlfriend and her youngest son Adam were named as benefactors.

"We wanted to build or buy a home," she said.

"We were going to call it Gaz’s Place. He would have wanted us looked after."

However, she said Gary’s allegedly estranged father Mark Johnson had since registered his interest in claiming some part of that estate.

Ms Sutton claimed Mr Johnson had rarely seen his son since she gave birth to him.

She said Mr Johnson may have a legal claim to a portion, possibly up to half, of the estate because he was Gary’s biological father, and there were no heirs.

Mrs Sutton said she decided to go public over her concerns to help others understand the situations that can arise when someone dies without a will.

She said she and her husband Peter wanted to enlist a barrister to help finalise the matter or contest it in court if necessary. But she fears the cost of legal fees could up any share of the estate.

"It feels like I am losing Gaz all over again," she said.

Mr Johnson could not be contacted for comment.

Lawyer Dr John de Groot, a succession law specialist, said Mr Johnson may have a legal right to half the estate.

"If (Gary) had (got around to doing a will) all would be well," he said.

"I think it is part of coming of age that people should make a will, and this case just shows that."