McKENZIE v BADDELEY [1991] NSWCA 197

The appellant was partly dependent upon the deceased in a material sense by being allowed to live rent-free, use the property to grow and sell vegetables (producing income necessary for his daily life), and as such qualifies as an eligible person within s6(d) of the Family Provision Act 1982.

Parties: Appellant: K McKenzie; Respondent: Baddeley
Jurisdiction: Australia
Judgment Date: 03 December 1991
Procedural Posture: Appeal / Court of Appeal Decision on Eligibility Under Family Provision Act 1982
Outcome: Appeal allowed (by majority); eligibility for provision out of estate established
Legal Topics: Eligibility for Provision From Deceased Estate, Partial Dependence Under Family Provision Act, Interpretation of 'eligible Person'

Equity Wills and Estates Eligibility for Provision From Deceased Estate Partial Dependence Under Family Provision Act Interpretation of 'eligible Person'

Case Brief

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Parties

K McKenzie

Appellant

Baddeley

Respondent

Procedural Posture

Appeal / Court of Appeal Decision on Eligibility Under Family Provision Act 1982

Legal Issues

1 Whether the appellant was an 'eligible person' within s6 of the Family Provision Act 1982, specifically whether he was partly dependent on the deceased

Ratio Decidendi

Court Disposition

Appeal allowed (by majority); eligibility for provision out of estate established

Orders

Master's orders set aside.
Question of eligibility answered 'yes'.