Fox v Burvill [1955] HCA 50

The appellant was not a 'widow' within the meaning of s. 2 of the Testator's Family Maintenance Act because the payments she received and was entitled to were not by direct force of an order of the court, nor were they received from the former husband, but under the terms of a deed and from a trustee.

Parties: Appellant: Fox; Respondents: Burvill and others; Beneficiary: Diana Elizabeth Fox
Jurisdiction: Australia
Judgment Date: 14 September 1955
Procedural Posture: Appeal / On Appeal From the Supreme Court of Western Australia
Outcome: Appeal dismissed.
Legal Topics: Testator's Family Maintenance, Definition of Widow, Provision for Former Spouse, Maintenance Orders, Effect of Divorce on Maintenance Rights

Family Law Succession Law Testator's Family Maintenance Definition of Widow Provision for Former Spouse Maintenance Orders Effect of Divorce on Maintenance Rights

Case Brief

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Parties

Fox

Appellant

Burvill and others

Respondents

Diana Elizabeth Fox

Beneficiary

Procedural Posture

Appeal / On Appeal From the Supreme Court of Western Australia

Legal Issues

1 Whether a divorced wife receiving maintenance under an indenture ordered by the court qualifies as a 'widow' under s. 2 of the Testator's Family Maintenance Act 1939-1944 (W.A.)
2 Whether payments received under trust arrangements are 'from such husband' and 'by order of the court' within the Act
3 Whether maintenance secured by deed is permanent maintenance under the Act

Ratio Decidendi

Court Disposition

Appeal dismissed.

Orders

Costs of appeal of all parties represented before the Court to be paid out of the estate.