A man has been awarded more inheritance from his mother following her death in 2017.
A man has been awarded more inheritance from his mother following her death in 2017. Ridofranz

Man wins battle for inheritance after being left half a car

A MAN who was the primary carer for his dying mother for five years has won a court battle for more inheritance after being left with just half a 2004 Holden Commodore.

Coolum mother-of-four Karlene Gay Connolly died aged 57 in August 2017 after suffering a stroke in 2012 which resulted in a significant loss of vision and confined her to a wheelchair.

According to court documents, during this time her son Lindsay Dean Connolly was with her every day, except for five days, and acted as her primary carer as her husband of 39 years, Brian John Connolly, was working.

Lindsay is one of three children from Mrs Connolly's first marriage, while her youngest son Corey is from her second marriage.

None of Mrs Connolly's other children expressed a desire to participate in the proceedings.

When Mrs Connolly died, she left Lindsay and Corey a half-share each of a 14-year-old car while the remainder of her estate went to her husband.

Mrs Connolly bought her Coolum Beach home in 2003 using money from her mother's estate and the sale of a house in Newcastle, but later re-financed for money to support Mr Connolly's business.

A total of $80,000 is owed on the house which is valued about $650,000.

The court documents state during the five years Mrs Connolly was ill, Lindsay took care of all of her day-to-day needs and helped organise her pension and equipment to assist in her care.

During this time, Mr Connolly retained control of his wife's finances which was a "source of tension" between himself and Lindsay.

Lindsay has not worked since 2005 and is currently on a NewStart allowance.

In his decision, Judge Glen Cash said Lindsay's "financial situation is poor and it seems unlikely to improve".

"In the circumstances, I conclude that the bequest of only a half share in a 14-year-old car has left the applicant without adequate provision."

Judge Cash ordered Lindsay receive $87,500 from his mother's estate, but pay his own legal costs.