Cross v Wasson

In the case of Cross v Wasson, the widower, Mr. Wasson, sought additional family provision from the estate of his late wife, Mrs. Cross, who left the estate to her four daughters, with no provision made for him. The primary dispute centred on whether the provision for Mr. Wasson was adequate, particularly given the substantial portion of the estate constituted by the half interest in the matrimonial home. The matter was heard in the Supreme Court of New South Wales.

The legal issues before the court included whether the provision made for Mr. Wasson was inadequate, and if so, whether any orders for proper provision should be made. Another significant issue was the relevance of alleged disentitling conduct by Mr. Wasson, including isolated incidents of domestic violence and hurtful comments, and whether these warranted a reduced order for family provision.

The court found that the provision for Mr. Wasson was indeed inadequate, given the circumstances and the value of the estate. The alleged incidents of domestic violence and hurtful comments did not amount to disentitling conduct, especially in light of the limited evidence provided. The court concluded that these incidents did not justify reducing the order for family provision. The court ordered that Mr. Wasson receive additional provision by way of a Crisp order, ensuring he would be adequately provided for.