Blackmore v Allen

Blackmore v Allen concerned a claim brought by the children of a testator against the executor of his estate, who was also the testator's life partner. The children sought provision from the estate under the *Family Provision Act 1982* (NSW), arguing that the testator had not made adequate provision for their advancement in life. The dispute arose because the testator had bequeathed the bulk of his estate to his life partner, leaving little for his children.

The primary legal issue before the court was whether the provision made for the plaintiffs (the children) in the testator's will was adequate for their proper maintenance, education, and advancement in life. This required the court to consider the testator's obligations to his children, the circumstances of the beneficiaries, and the size and nature of the estate, in light of the principles established by the *Family Provision Act 1982*.

The court allowed the appeal, setting aside the Master's order that each plaintiff receive $80,000. Instead, the court ordered that each plaintiff receive a legacy of $20,000. This decision indicates that the court found the original provision to be excessive, and that a lesser amount was sufficient to meet the statutory requirements for adequate provision for advancement in life, considering the overall distribution of the estate to the life partner. The court also made orders regarding the costs of the appeal and the costs of the appeal to be paid out of the estate.