Aplin and Aplin v Aplin

The proceedings involved two children, the Plaintiffs, who sought a family provision order from the estate of their deceased father. The mother, acting as the tutor of the children, initiated the claim. The dispute centred on whether the deceased had made adequate provision in his will for the proper maintenance, education, and advancement in life of the Plaintiffs. The matter was heard in the Supreme Court of New South Wales. The deceased's widow, a beneficiary under the will, had a competing claim against the estate.

The court was required to determine whether the deceased's will provided adequate provision for the Plaintiffs' maintenance, education, and advancement in life. The will left the bulk of the estate to the widow, with the Plaintiffs receiving a significantly smaller share. The court had to weigh the provisions of the will against the statutory criteria for making a family provision order under the Succession Act 2006. The central issue was whether the deceased's provisions were adequate in light of the Plaintiffs' needs and the overall estate.

The court found that the deceased had made inadequate provision for the Plaintiffs. It considered the statutory criteria and concluded that the deceased's provisions were insufficient to meet the Plaintiffs' needs for proper maintenance, education, and advancement in life. The court found that the widow's competing claim did not outweigh the Plaintiffs' right to seek adequate provision from the estate. The court ordered that the Plaintiffs each receive a family provision order, directing the estate to provide a specific amount for their maintenance, education, and advancement in life. The widow's claim was dismissed.