Freeman v Jaques

Freeman and others v Jaques [2023] FCAFC 157 is an appeal from a decision of the Family Court of Australia regarding claims for family provision and maintenance under the Succession Act 2006 (Cth). The deceased, Leone Amillda Freeman, left her entire estate to an elderly friend, leaving out several stepchildren. The stepchildren argued they had no relationship with the deceased but sought financial provision on the grounds of necessity and that the deceased had not made adequate provision for them. The court had to determine whether the stepchildren could claim family provision and whether the deceased had made adequate provision for the two stepchildren in necessitous circumstances.

The court examined the legal principles surrounding family provision claims, particularly who could make such claims, and whether stepchildren could be considered in the same category as children. It also considered the circumstances of each of the stepchildren, including their relationship with the deceased and their financial needs. The court concluded that while the stepchildren could make a claim, only Sheryl Ann Freeman and Robert Warren Freeman, who were in necessitous circumstances, were entitled to a lump sum of $100,000 each. The other stepchildren's claims were dismissed as they did not demonstrate sufficient need or relationship with the deceased.

The court found that the deceased had not made adequate provision for Sheryl Ann Freeman and Robert Warren Freeman, who were in financial hardship. The court considered the deceased's estate, which included property derived from the stepchildren’s father, and determined that the deceased had not sufficiently provided for these stepchildren despite having the means to do so. The court ordered that these two stepchildren receive $100,000 each from the estate to ensure their proper maintenance and support. The other stepchildren's claims were dismissed as they either had no demonstrated need or did not have a sufficient relationship with the deceased to warrant a family provision order.