Black v McIntyre

This matter concerned an application for special leave to appeal to the High Court of Australia. The applicant, Mrs Black, sought to appeal an order for family provision made by Mr Justice de Jersey, which had been upheld by the Full Court. The testator, who died in May 1990 at the age of 90, had made a will on 26 October 1989, leaving two children: the applicant, Mrs Black, aged approximately 50, and Mr Lachlan Young McIntyre, aged approximately 52.

The primary legal issue before the High Court was whether the Full Court had erred in its decision, particularly concerning the "absolute scope and limit of the Testator's" moral obligation. The applicant argued that the Full Court's judgment was wrong and sought to raise a matter of importance regarding the principles governing family provision applications. This involved a consideration of the testator's moral duty to make proper and adequate provision for his dependants.

The applicant's counsel referred to the case of *Re Allen, Allen v Manchester* (1922) NZLR 218, quoting Mr Justice Salmon's explanation of the Act's purpose. This purpose was described as enforcing the moral obligation of a testator to provide for their spouse and children, considering their means, the claimants' circumstances and deserts, and the relative urgency of moral claims. The court's role was to make the provision that a just and wise father would have considered his moral duty to make, had he been fully aware of all relevant circumstances. The applicant contended that the Full Court's judgment was contrary to these established principles.