Dunk v Public Trustee

The dispute in Dunk v Public Trustee involved the status of the plaintiff, Dunk, as an eligible person under the Family Provision Act. The case was heard in the Supreme Court of Victoria. The plaintiff sought to challenge the validity of the deceased's will on the grounds that the will did not make adequate provision for her. The deceased had passed away, leaving the plaintiff out of the will but leaving a beneficiary who was named in the will. The legal issues before the court were whether Dunk was the de facto spouse of the deceased and, if so, whether she was entitled to a greater share of the estate than provided for in the will.

The court considered various factors in determining the status of Dunk as a de facto spouse, including the frequency with which the deceased spent nights at the residence of Dunk, the financial and material circumstances of Dunk, and the competing claim of the beneficiary named in the will. The court found that Dunk and the deceased had a de facto relationship, as the deceased spent several nights each week at Dunk's residence and they shared a home life. The court also found that Dunk's financial and material circumstances were such that she was in need of provision for her maintenance from the deceased's estate.

The court ultimately held that Dunk was entitled to a greater share of the estate than provided for in the will. The court found that the deceased had not made adequate provision for Dunk's maintenance and that she was an eligible person under the Family Provision Act. The court made orders for Dunk to receive a greater share of the estate than provided for in the will, subject to the competing claim of the beneficiary named in the will.