Estate MPS, deceased

In the matter of the estate of MPS, deceased, the applicant, who was the deceased's daughter, sought a family provision order under the Succession Act 2006 (NSW). The dispute centred on whether the applicant could demonstrate a close personal relationship with the deceased that warranted a departure from the normal distribution of the estate under the will. The court was required to consider the nature and quality of the relationship, whether it included living together, providing domestic support and personal care, and whether the relationship was of a social intimate nature. The court also needed to examine the applicant's capacity to manage her affairs and whether any conduct on her part disentitled her from making the application.
The court held that the relationship between the applicant and the deceased was not one of living together, domestic support, and personal care, as they resided separately for the majority of their relationship. However, the court found that the relationship was of a social intimate nature, with the applicant providing emotional support to the deceased during periods of ill health. The court also held that the applicant's conduct did not disentitle her from making the application, as the totality of the relationship needed to be examined. The court further held that the applicant had the capacity to manage her affairs, and it was appropriate to make protective orders to ensure that the applicant did not dissipate her assets.
The court ultimately found that the applicant was entitled to a family provision order, but the exact amount was to be determined. The court also made protective orders to ensure that the applicant did not dissipate her assets. These orders included appointing a financial manager to oversee the applicant's finances and requiring the applicant to provide regular financial reports to the court. The court held that these orders were necessary to protect the applicant's interests and ensure that she could manage her affairs effectively.