Aveyard v Selwood; Philpott v Selwood; Riley v Selwood

In the case of Aveyard v Selwood, three adult daughters brought claims against the estate of their deceased father, seeking provision from his estate under the Succession Act 2006 (NSW). The deceased had executed a will that did not include any provision for his daughters, instead bequeathing his entire estate to his wife, with the remainder to his son should the bequest to his wife fail. The daughters contested the will on the grounds that the deceased had failed to make adequate provision for them, seeking equitable shares of the estate.

The central legal issue the court had to decide was whether the circumstances of the case warranted orders for provision in favour of the three adult daughters. The daughters argued that the deceased had an obligation to provide for them, given that they were in financial need, and that their father had failed to fulfil that obligation by excluding them from his will. The son, who stood to inherit the entire estate, contended that the will should be upheld as it reflected the deceased’s wishes.

The court found that the daughters had established a case for provision under the Succession Act. It held that the deceased's decision to exclude the daughters from his will was unreasonable and that their financial circumstances warranted an order for provision. The court noted the daughters' dependence on the deceased for support, their lack of independent means, and the significant disparity in the distribution of the estate. Consequently, the court made orders for provision in favour of the daughters, directing that they each receive a specified share of the estate. This decision underscored the importance of considering the reasonable financial needs of family members when determining the distribution of an estate under the Succession Act.