Lowe v Lowe (No 2) [2015] NSWSC 1626

Lowe v Lowe (No 2) [2015] NSWSC 1626

Having regard to all the circumstances, including the arrangement between Diana Mae Lowe and the deceased to keep their financial affairs separate, Diana's current and future financial needs, her entitlement to a part pension, and community standards which would expect her to be left as she was prior to her relationship with Mr Lowe, additional provision of $100,000 from the estate is appropriate and adequate for her maintenance and advancement in life.

Jurisdiction
Australia
Judgment Date
04 November 2015
Procedural Posture
Family Provision Claim / Principal Judgment
Outcome
Family provision order granted.
Legal Topics
['family Provision' 'maintenance' 'will Interpretation' 'eligible Persons' "testator's Duty to Widow"]
['equity' 'succession'] ['family Provision' 'maintenance' 'will Interpretation' 'eligible Persons' "testator's Duty to Widow"]

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Procedural Posture

Family Provision Claim / Principal Judgment

Legal Issues

  1. 1 ['Is the plaintiff Diana Mae Lowe an eligible person for family provision under the Succession Act 2006 (NSW)?' "Has adequate provision been made for her from the deceased's estate?" 'What additional provision (if any) ought to be made for her maintenance and advancement in life?']

Ratio Decidendi

Having regard to all the circumstances, including the arrangement between Diana Mae Lowe and the deceased to keep their financial affairs separate, Diana's current and future financial needs, her entitlement to a part pension, and community standards which would expect her to be left as she was prior to her relationship with Mr Lowe, additional provision of $100,000 from the estate is appropriate and adequate for her maintenance and advancement in life.

Court Disposition

Family provision order granted.

Orders

  • ["There be additional provision for Diana Mae Lowe of $100,000 from the residue of the estate, to be borne equally by the defendants' shares."]