Son Kicked Out of Family Home Makes Claim

15 JULY 2025 ESTATE DISPUTES CONTESTING A WILL WILLS & ESTATE PLANNING
Son Kicked Out of Family Home Makes Claim

Mrs Finikou Theocharous died in 2023. Her estate was valued at $964,000. Most of this value was in the family home. She left the estate to her five children equally. Her eldest son, Andrew, was named the executor of the estate. Her youngest son, Harris, lived in the family home after she died. Harris was forced to leave the property by Andrew so it could be sold.

Harris made a claim against the estate. He wanted to live in the property rent-free for the rest of his life. He said he had no job, little income and had nowhere else to go. He claimed he took care of his mother for 20 years. He also argued that she promised he could live in the house after her death.

Andrew denied the claim. He insisted their mother was healthy up until she moved into a nursing home. He raised concerns about Harris’s gambling and unstable work history. He provided evidence that Harris had not lived at the house the whole time he claimed to be caring for her.

The court found Harris's request impractical given the size of the estate. It also found his story unreliable and baseless. There was no proof of any promise from Finikou. The court rejected Harris’s claim. The house would be sold and the estate split evenly between the children.