Crandon v Crandon

Two of the seven children of the deceased brought an application for adequate and proper maintenance under the Family Provision Act 1969 (Qld). The estate had been divided beneficially among the seven children. The applicants argued they were left with insufficient provision. The respondents, other children of the deceased, applied for summary judgment, contending the applicants failed to provide evidence to support their claim for further and better provision.

The court needed to determine whether the applicants had demonstrated they were left with insufficient provision under the Act, and whether the respondents' application for summary judgment should be granted. The applicants' claims rested on their contention that they had not received adequate maintenance from the estate. The court examined the evidence provided to assess if the applicants had a valid claim for further and better provision.

The court found that the applicants did not provide sufficient evidence to substantiate their claims for adequate and proper maintenance. The applicants' submissions were speculative and did not sufficiently demonstrate that they were left with insufficient provision. Consequently, the court granted the respondents' application for summary judgment. The applicants were ordered to pay the respondents' costs of the proceeding, including the application for summary judgment.