Christina Elizabeth Hay v Sarah Renwick [2016] NSWSC 1048

Christina Elizabeth Hay v Sarah Renwick [2016] NSWSC 1048

The plaintiff was the de facto spouse of the deceased, dependent and committed to a shared future, and made significant changes in reliance upon the relationship. The deceased's will failed to make adequate provision due to supervening changes in circumstances since its execution. The proper provision for the...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
27 April 2016
Procedural Posture
Family Provision Application / Principal Judgment
Outcome
Plaintiff to receive a legacy of $1.5 million from the estate; costs orders also made in favour of the plaintiff and defendants from the estate.
Legal Topics
['family Provision for De Facto Spouse' 'succession – Eligibility' 'moral Duty of Testator' 'adequate Provision' 'supervening Change of Circumstances' 'position of Short But Ongoing Relationships']
['succession Law' 'family Provision'] ['family Provision for De Facto Spouse' 'succession – Eligibility' 'moral Duty of Testator' 'adequate Provision' 'supervening Change of Circumstances' 'position of Short But Ongoing Relationships']

Source-derived case record

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Procedural Posture

Family Provision Application / Principal Judgment

Legal Issues

  1. 1 ['Whether the plaintiff, as de facto spouse, was left without adequate provision for her proper maintenance, education and advancement in life' "What provision, if any, ought to be made for the plaintiff from the deceased's estate"]

Ratio Decidendi

The plaintiff was the de facto spouse of the deceased, dependent and committed to a shared future, and made significant changes in reliance upon the relationship. The deceased's will failed to make adequate provision due to supervening changes in circumstances since its execution. The proper provision for the plaintiff, given the estate size, lack of competing claims, and community standards, is a legacy of $1.5 million to secure suitable accommodation and provide for contingencies.

Court Disposition

Plaintiff to receive a legacy of $1.5 million from the estate; costs orders also made in favour of the plaintiff and defendants from the estate.

Orders

  • ['By way of provision out of the estate, the plaintiff receive a legacy of $1,500,000, not to bear interest if paid within 28 days but otherwise to bear interest at the statutory rate until paid.' "The plaintiff's costs on a party/party basis until 30 October 2015, and thereafter on the indemnity basis, and the...