MacGREGOR v HUNTER [1994] NSWCA 189

MacGREGOR v HUNTER [1994] NSWCA 189

The provision made in the will was inadequate for the respondent's proper maintenance and advancement in life having regard to her contributions, long de facto relationship, age, health, lack of means, and need for flexible accommodation. The order giving her the house absolutely was within the Master's discretion and not shown to be an error, even if other lesser interests could have sufficed.

Parties
Appellant: Glen Douglas MacGregor; Respondent: Amelda Florence Hunter; Beneficiary (widow): Olive MacGregor
Jurisdiction
Australia
Judgment Date
17 March 1994
Procedural Posture
Appeal / Judgment on Appeal From Order of Master
Outcome
Appeal dismissed with costs.
Legal Topics
Family Provision Act 1982, De Facto Relationships, Testator's Family Maintenance, Life Interests and Absolute Interests, Adequate Provision
Wills and Estates Family Provision Family Provision Act 1982 De Facto Relationships Testator's Family Maintenance Life Interests and Absolute Interests Adequate Provision

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Parties

Glen Douglas MacGregor

Appellant

Amelda Florence Hunter

Respondent

Olive MacGregor

Beneficiary (widow)

Procedural Posture

Appeal / Judgment on Appeal From Order of Master

Legal Issues

  1. 1 Whether the provision made for the respondent in the will was adequate for her proper maintenance and advancement in life under the Family Provision Act 1982
  2. 2 Whether the Master erred in exercising discretion to give the respondent the house absolutely rather than a lesser interest

Ratio Decidendi

The provision made in the will was inadequate for the respondent's proper maintenance and advancement in life having regard to her contributions, long de facto relationship, age, health, lack of means, and need for flexible accommodation. The order giving her the house absolutely was within the Master's discretion and not shown to be an error, even if other lesser interests could have sufficed.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.