Cornford v Miller

The matter of Cornford v Miller was heard in the Supreme Court of New South Wales. The dispute involved a claim for family provision by a de facto partner against the estate of the deceased, Mr. Cornford. The applicant, Miller, sought a portion of Mr. Cornford's estate, arguing that he had not made adequate provision for her under his will. The court was tasked with determining whether Miller was entitled to a share of the estate under the Family Provision Act 1975 (NSW).

The central legal issues before the court were whether Miller qualified as a "de facto partner" under the Act and whether she had demonstrated that Mr. Cornford had failed to make reasonable financial provision for her. The court examined the nature and duration of the relationship, the extent to which Miller had contributed to the household and the estate, and whether Mr. Cornford had acted reasonably in providing for Miller under his will.

The court held that Miller was indeed a de facto partner of Mr. Cornford, having lived together in a relationship akin to marriage for a significant period. It was found that Mr. Cornford had not made reasonable financial provision for Miller under his will. The court emphasised that it was not a matter of principle but rather a question of fairness and reasonableness. Consequently, the court ordered that Miller be granted a small legacy from the estate, recognising her contributions and the lack of adequate provision in the will. The final orders provided that Miller would receive a specified sum from Mr. Cornford's estate, reflecting the court's consideration of the evidence and the applicable statutory criteria.