Fordham v Burrell [2010] NSWSC 685

Fordham v Burrell [2010] NSWSC 685

The plaintiff was an eligible person but the provision made for her was adequate and proper in the circumstances, given the relatively short de facto relationship, absence of children cared for, her nominal contributions, competing legitimate claims from the deceased's children, and the deceased's deliberate...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
11 August 2010
Procedural Posture
Family Provision Claim / Judgment
Outcome
Summons dismissed with costs
Legal Topics
['family Provision Act' 'de Facto Spouse' 'adequate Provision' 'competing Claims']
['succession Law'] ['family Provision Act' 'de Facto Spouse' 'adequate Provision' 'competing Claims']

Source-derived case record

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Procedural Posture

Family Provision Claim / Judgment

Legal Issues

  1. 1 ["Whether the plaintiff received adequate and proper provision for maintenance, education and advancement in life under the deceased's will" "How competing claims from children affect a de facto partner's entitlement under the Family Provision Act"]

Ratio Decidendi

The plaintiff was an eligible person but the provision made for her was adequate and proper in the circumstances, given the relatively short de facto relationship, absence of children cared for, her nominal contributions, competing legitimate claims from the deceased's children, and the deceased's deliberate decision to increase her entitlement to one-third after her request. The will should not be disturbed.

Court Disposition

Summons dismissed with costs

Orders

  • ['Summons dismissed' 'Plaintiff to pay costs']