Curran v Duncan as Executor of the Will of Jean Frances Hogg (Dec)

The Supreme Court of Western Australia heard two applications by daughters of Jean Frances Hogg, Judith Jean Curran and Jacqueline Elizabeth Hogg, for provision out of their deceased mother's estate under the Inheritance (Family and Dependants Provision) Act 1972 (WA). The court considered whether the will of the deceased had made adequate provision for the proper maintenance, support, education, or advancement in life of the applicants. The will left the estate to the elder daughter and her husband, excluding the two younger daughters. The applicants argued that they were in reduced financial circumstances, while the beneficiaries in the will were financially secure. The court found that the deceased had a moral obligation to make adequate provision for the applicants and that the will failed to do so. The court ordered the estate to be distributed in the following shares: four one-tenth shares to the defendants as tenants in common in equal shares, three one-tenth shares to Judith Jean Curran, and three one-tenth shares to Jacqueline Elizabeth Hogg. A certified copy of this order was to be added to the Probate of the will of the deceased.