Deaves v Anthony [2004] NSWSC 683

Deaves v Anthony [2004] NSWSC 683

Further provision was warranted because the plaintiff had lived with the deceased in a long and harmonious de facto relationship of about thirty years, was an eligible person, had serious disabilities and virtually no assets, required assisted care accommodation and future support, and the estate was sufficiently large to provide for him while recognising the competing needs of the deceased's children. A lump sum of $200,000, in addition to the provision under the will, was appropriate to secure accommodation-related needs, discharge debts and provide a contingency fund.

Jurisdiction
Australia
Judgment Date
26 July 2004
Procedural Posture
Application Under S 7 of the Family Provision Act 1982 for Additional Provision Out of the Estate of June Sybil Deaves / Judgment After Hearing
Outcome
Application allowed; lump sum provision ordered for the plaintiff.
Legal Topics
['de Facto Relationship' 'eligible Person' 'long and Harmonious Relationship' 'assisted Care Accommodation' 'competing Needs of Beneficiaries' 'lump Sum Provision']
['succession Law' 'family Provision' 'equity'] ['de Facto Relationship' 'eligible Person' 'long and Harmonious Relationship' 'assisted Care Accommodation' 'competing Needs of Beneficiaries' 'lump Sum Provision']

Case Brief

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Procedural Posture

Application Under S 7 of the Family Provision Act 1982 for Additional Provision Out of the Estate of June Sybil Deaves / Judgment After Hearing

Legal Issues

  1. 1 ["Whether the plaintiff, as the deceased's de facto partner, was an eligible person under the Family Provision Act 1982." "Whether further provision should be made for the plaintiff out of the deceased's estate." "What amount of provision was appropriate having regard to the plaintiff's disabilities, accommodation needs, the size of the estate and the competing needs of other beneficiaries."]

Ratio Decidendi

Further provision was warranted because the plaintiff had lived with the deceased in a long and harmonious de facto relationship of about thirty years, was an eligible person, had serious disabilities and virtually no assets, required assisted care accommodation and future support, and the estate was sufficiently large to provide for him while recognising the competing needs of the deceased's children. A lump sum of $200,000, in addition to the provision under the will, was appropriate to secure accommodation-related needs, discharge debts and provide a contingency fund.

Court Disposition

Application allowed; lump sum provision ordered for the plaintiff.

Orders

  • ['There be paid to the plaintiff by way of lump sum an amount of $200,000 out of the estate of the late June Sybil Deaves.' "The estate pay the plaintiff's costs on a party party basis." "The defendant's costs be paid out of the estate on the indemnity basis." 'No other order.']