Collett v Knox

Collett v Knox involves claims for family provision by the deceased's de facto husband, Mr Collett, and her daughter, Mrs Pountney. The dispute centres on whether adequate and proper provision has been made for them from the estate. The court had to decide if Mr Collett was the de facto partner of the deceased for the purposes of claiming under the Family Provision Act, and if Mrs Pountney's estrangement from her mother disentitles her from claiming. Additionally, the court examined the executors' conduct in incurring substantial legal costs and whether these costs should be paid from the estate.

The court found that Mr Collett was indeed the de facto husband of the deceased for over two decades, and thus entitled to a life interest in the Mt Ossa property. The court held that Mrs Pountney's estrangement from her mother, while significant, did not disentitle her from claiming, as the estrangement was largely due to the deceased's conduct. The court concluded that adequate provision for Mrs Pountney's proper maintenance and support was not made, and she should receive a portion of the estate.

Regarding the executors' conduct, the court found that the substantial litigation costs incurred were not reasonable, as the executors were actively advancing their own interests rather than impartially assessing the claims. The court ruled that the executors should not be indemnified for these costs from the estate and directed the parties to provide further affidavits and submissions on the issue of reasonable costs and appropriate orders.

The court ordered the respondents to file further affidavits and submissions on the issues of reasonable expenses, costs to be paid from the estate, and appropriate orders. The applicants were directed to respond within a specified timeframe, with liberty to apply for further time if needed.