Bradley v Irvine; Irvine v Irvine

The case of Bradley v Irvine; Irvine v Irvine involves a dispute over the estate of a deceased individual. The plaintiffs, two adult stepchildren, sought to make claims under the Succession Act 2006 (NSW) for family provision. They argued they were dependents and members of the deceased's household, despite having cut off contact after allegations of sexual abuse were made against the deceased. The deceased was acquitted of these charges at trial. The plaintiffs contended that the deceased had a moral duty to provide for them and that the factors warranted orders for provision out of the estate. Additionally, the de facto spouse of the deceased, who had been financially dependent on him, claimed that the provisions made for her were inadequate.

The court was required to determine whether the stepchildren were eligible for family provision under the Succession Act, despite the lack of contact and the acquittal on sexual abuse charges. It also needed to assess whether the factors warranted the making of orders for provision out of the estate. Furthermore, the court had to consider the adequacy of the provisions made for the de facto spouse.

In addressing these issues, the court examined the relationship between the deceased and the plaintiffs, the nature of the allegations, and the impact of the acquittal on the plaintiffs' claims. It found that the stepchildren were not eligible for family provision due to the lack of ongoing dependency and the estrangement from the deceased. The court also concluded that the factors did not warrant making orders for provision out of the estate in their favour. Regarding the de facto spouse's claim, the court found that the provisions made for her were inadequate, leading to an order for additional provision.