Bowditch v NSW Trustee and Guardian

The case of Bowditch v NSW Trustee and Guardian involved the daughter and two grandchildren of the deceased, who sought a family provision order under the Succession Act 2006. The executor named in the deceased's will, who had been granted probate, opposed the plaintiffs' claims. The dispute centred on whether the factors presented by the grandchildren warranted the making of their application and whether the provisions made for each plaintiff were adequate. If not, the court needed to determine whether family provision orders should be made.

The court considered several factors in determining whether the grandchildren's application was warranted, including the deceased's means, the extent to which the deceased had provided for the plaintiffs' maintenance, and the conduct of the plaintiffs. The court also examined whether the deceased had made reasonable financial provision for the plaintiffs and whether the plaintiffs had acted reasonably in making their claims. The court found that the grandchildren's application was warranted, as the deceased had made inadequate provision for them and their conduct in making the claim was reasonable.

The court also considered whether the provisions made for each plaintiff were adequate. The court found that the daughter's provision was adequate, as she had received a substantial share of the deceased's estate. However, the court found that the grandchildren's provision was inadequate, as they had received only a small share of the estate. The court found that the deceased had not made reasonable financial provision for the grandchildren and that their provision was inadequate in light of the deceased's means and the grandchildren's needs.

The court made family provision orders in favour of the grandchildren, ordering the executor to pay them a sum of money. The court found that the orders were necessary to make fair and reasonable provision for the grandchildren's maintenance, education, and medical needs. The executor was ordered to pay the grandchildren's legal costs.