Charlesworth v Herring

In the case of Charlesworth v Herring, the deceased left the entirety of his estate to his defacto partner, with a gift over to her daughter by another marriage if she predeceased him. The defacto partner predeceased the deceased, and the daughter received the estate. The deceased's disable adult son, who had no contact with his father for 36 years, sought the entire estate, claiming that he had been left without adequate provision for proper maintenance, education, and advancement in life. The court had to determine whether the deceased had failed to make sufficient provision for the son under the Family Provision and Maintenance Act.

The court considered whether the deceased had failed to make sufficient provision for the son's proper maintenance, education, and advancement in life. The court noted that the deceased had treated his defacto partner and her daughter as a surrogate family and had no contact with his former wife and children. The court also considered the son's needs, which were great, and the fact that he had no contact with the deceased for 36 years. The court concluded that the deceased had not failed to make sufficient provision for the son, as the deceased had treated his defacto partner and her daughter as a surrogate family and had no contact with his former wife and children.

The court found that the deceased had not failed to make sufficient provision for the son, as the deceased had treated his defacto partner and her daughter as a surrogate family and had no contact with his former wife and children. The court also noted that the son's needs were great, but he had no contact with the deceased for 36 years. The court held that the deceased had not failed to make sufficient provision for the son under the Family Provision and Maintenance Act. The application was dismissed, and the son was not entitled to any part of the estate.