Christina Elizabeth Hay v Sarah Renwick

In this case, Christina Elizabeth Hay brought an application against Sarah Renwick seeking provision and maintenance from the estate of the deceased, her former de facto spouse. The deceased had passed away and left a will which did not provide for Hay, who had been in a relationship with the deceased for a period of approximately two years. Hay sought relief under the Family Provision Act, claiming she was financially dependent on the deceased and that significant changes in her circumstances had occurred as a result of the relationship. The court had to determine whether Hay, despite the relatively short duration of the relationship, was entitled to financial provision from the estate.

The central legal issues before the court were whether Hay's relationship with the deceased was of sufficient duration and commitment to warrant a claim under the Family Provision Act and whether she could demonstrate sufficient dependency on the deceased to justify an order of maintenance. The court considered the nature and duration of the relationship, the degree of commitment, and the changes in Hay's circumstances that occurred as a result of the relationship. It was also necessary to assess the testamentary intentions of the deceased as expressed in the will, and how these intentions should be balanced against the changes in circumstances since the will was made.

The court found that, while the relationship was relatively short, it was marked by a clear commitment to a shared future, evidenced by significant changes in Hay's circumstances, including her reliance on the deceased for accommodation and financial support. The court determined that the deceased's testamentary intentions were of limited significance in light of the substantial changes that occurred after the will was made. The court concluded that Hay was entitled to an order of maintenance from the estate, recognising her dependency and the impact of the relationship on her financial situation. The court made an order for maintenance for Hay, reflecting the balance of the equities in the circumstances of the case.