Estate Morris: Grady v Deavin

In the matter of the estate of Morris, Grady, the deceased's former de facto partner, sought to challenge the validity of the deceased's will on the grounds that it failed to make sufficient provision for her. Deavin, the executor of the estate, defended the will's validity. The matter was heard in the Supreme Court of New South Wales.

The court was required to determine whether the will failed to make reasonable financial provision for Grady under section 46 of the Succession Act 2006 (NSW). This involved assessing the adequacy of the provision made to Grady, considering the deceased's financial position at the time of making the will, and whether the deceased's actions were influenced by undue influence or other improper conduct.

The court found that the deceased had made sufficient provision for Grady, noting the significant assets she had already received during the de facto relationship. The court was satisfied that the deceased's decision to exclude Grady from the will was a genuine reflection of their relationship's status and the deceased's wishes. The court dismissed Grady's application, upholding the validity of the will.

The court ordered that the estate be distributed according to the terms of the will, with no further provision to be made to Grady. The executor was directed to pay the costs of the proceedings.