Fordham v Burrell

In the case of Fordham v Burrell, the plaintiff, Fordham, sought to claim the entirety of the deceased's $700,000 estate under the Family Provision Act 1969 (NSW). Fordham, the de facto partner of the deceased, Burrell, for seven years, argued that the provision made for her in Burrell's will was inadequate. The case was heard in the Supreme Court of New South Wales.

The court was required to determine whether the provision made in Burrell's will, which allocated one-third of the estate to Fordham, was sufficient. The legal issues included whether Fordham was a 'person who is treated by section 10 as a member of the family of the deceased' and whether the provision was 'just and reasonable' in the circumstances of the case. The court also needed to consider the evidence of Fordham's and Burrell's relationship, their financial circumstances, and the deceased's intentions.

The court held that Fordham was indeed a member of the deceased's family for the purposes of the Family Provision Act. However, the court found that the provision made in the will was just and reasonable. The court considered the length and nature of the relationship, Fordham's contributions to Burrell's estate, and the deceased's intentions. The court found that the deceased had made a provision for Fordham, and that it was appropriate to respect his wishes. The court dismissed Fordham's claim.

The court ordered that the estate be distributed according to the terms of Burrell's will, with one-third of the estate passing to Fordham. The court emphasised the importance of the deceased's autonomy in making provisions for their family and the need to respect those wishes unless there was clear evidence that they were unjust or unreasonable.