Akkerman v Ewins

The appeal concerned an application for provision from the estate of the deceased, Mr. Ewins, brought by his step-son, Mr. Akkerman. The primary dispute revolved around whether the deceased had made adequate provision for Mr. Akkerman's proper maintenance, education, and advancement in life, as required by the *Family Provision Act 1982* (NSW). The matter was heard in the Court of Appeal of New South Wales.

The central legal issues before the Court of Appeal were whether the primary judge had applied the correct test in determining "inadequate provision" and whether Mr. Akkerman had established a need for provision from the estate. Specifically, the court considered the criteria for assessing whether a deceased's will failed to make adequate provision for a beneficiary, particularly in the context of a step-child's claim.

The Court of Appeal affirmed the principles governing family provision claims, emphasising that the court's power to make an order is discretionary and must be exercised with caution. The court reviewed the evidence and the primary judge's findings, concluding that the deceased's will did not fail to make adequate provision for Mr. Akkerman. The court found that Mr. Akkerman had not demonstrated a need for further provision from the estate, and therefore, the primary judge's decision was upheld. The appeal was dismissed with costs.