Corich v The Public Trustee as Administrator of the Estate of Hugh Leslie McGregor (Dec)

The case before the court involved Corich, who sought relief under the Family Provision Act 1969 (Vic) from the estate of Hugh Leslie McGregor, administered by The Public Trustee. Corich argued that McGregor, her former de facto partner, had not made sufficient provision for her in his will. The dispute hinged on whether Corich and McGregor had a de facto relationship that would entitle her to a claim under the Act. The court was required to determine the elements that establish a de facto relationship and assess whether the provision made by McGregor met the statutory requirements.

The primary legal issues were whether Corich and McGregor had a de facto relationship and, if so, whether McGregor had made sufficient provision for her under the Family Provision Act. The court needed to examine the factual circumstances of their relationship, including the nature and duration of their partnership, and whether they were living together in a shared domestic relationship. Furthermore, the court had to consider the financial provisions made by McGregor in his will and whether these were adequate to meet Corich's reasonable financial needs and expectations.

The court held that Corich and McGregor had a de facto relationship, considering the nature of their partnership and the level of commitment and interdependence. The court found that McGregor's provision for Corich in his will was inadequate under the Act. The court relied on the principles that the will must make "reasonable financial provision" for the applicant, taking into account their reasonable needs and expectations. The court concluded that the provision was insufficient because it did not account for Corich's reasonable needs, given the length and nature of their relationship. Consequently, the court granted Corich relief under the Act.

The final orders required the Public Trustee to adjust the distribution of the estate to provide Corich with a sum that the court deemed to be reasonable financial provision. This sum was intended to meet her reasonable needs and expectations arising from the de facto relationship with McGregor. The court's decision underscored the importance of evaluating the adequacy of testamentary provisions in light of the principles established under the Family Provision Act.