Brindley v Wade (No 2)

The case of Brindley v Wade (No 2) involved a former spouse seeking provision from the deceased's estate under the Succession Act 2006 (NSW). The plaintiff, who was the former spouse, sought an order for adequate provision from the estate of the deceased, who had passed away, leaving a will. The defendant was one of the named executors of the will and also one of the deceased's children and beneficiaries. The central issue before the court was whether there were sufficient factors to warrant the making of the application for provision under section 59(1)(b) of the Succession Act.

The court was required to determine whether the plaintiff had established facts that would give her the status of a natural object of testamentary recognition by the deceased, despite the marriage having ended approximately four years prior to the deceased's death. The court also needed to consider the nature of the relationship between the plaintiff and the deceased post-marriage, which was somewhat contentious and primarily focused on business matters. The financial affairs of the parties had been resolved by the final orders of the Federal Circuit Court, which both parties had agreed to. The plaintiff further alleged that the deceased had not disclosed his medical condition and an inheritance which was to come to him.

In addressing these issues, the court considered the nature of the relationship between the parties and the circumstances in which it had ended. It examined the factors that might warrant the making of an application for provision under the Succession Act, focusing on whether the plaintiff had demonstrated that she would be regarded as a natural object of testamentary recognition by the deceased. The court also took into account the plaintiff's allegations regarding the deceased's non-disclosure of his medical condition and an inheritance. Ultimately, the court determined that the plaintiff had not established sufficient grounds to warrant an order for provision from the deceased's estate.