**Augmented Estate** (noun) — A calculation of the deceased's estate that includes not only assets owned at death but also certain property transferred during life with the intent to defeat a spouse's or dependant's claim, used in some jurisdictions to prevent disinheritance through strategic lifetime transfers.
Some people try to avoid their family's inheritance claims by giving away assets before they die. The augmented estate concept counteracts this by treating certain lifetime transfers as if they're still part of the estate.
This is particularly relevant when a spouse or dependant makes a family provision claim. The court can look beyond what you owned at death and consider what you gave away to others shortly beforehand.
⏱ When you'll encounter this term
In Australia, this concept is reflected in 'notional estate' provisions in some states. If you transferred property for less than full value—perhaps giving your house to a new partner shortly before death—the court might treat it as still part of your estate for the purpose of family provision claims.
This doesn't mean you can't give gifts during your lifetime. But if you're making large transfers while you have potential claimants (like a spouse or dependent children), be aware that courts have powers to look behind those transactions if a claim is made.
**Related terms:** Notional Estate, Family Provision Claim, [Estate](/dictionary/estate), [Disinherit](/dictionary/disinherit)
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"Dad's second wife couldn't be disinherited completely because the law counted the augmented estate including gifts he'd made to others before death."