Gifford v Nicholl

The matter before the court was an application by the plaintiff, Gifford, for a family provision order under Part 3.2 of the Succession Act 2006 (NSW) against the estate of the deceased, Nicholl. Gifford, an adopted child of Nicholl, contended that adequate and proper provision had not been made for her in Nicholl's will, which omitted her entirely. The estate was substantial, and while Gifford and Nicholl were estranged, the court considered the moral obligation of a parent towards a child in financial need.

The court was required to determine whether the provision made by Nicholl for Gifford during his lifetime was adequate and whether there were any competing claims against the estate that could affect the outcome. It also had to consider the relationship between the parties, the health and financial situation of Gifford, and the circumstances surrounding the making of the will.

The court found that Nicholl's provision for Gifford was modest and did not adequately provide for her needs, particularly given her limited income, lack of savings, and health conditions. There were no competing claims against the estate, and the court emphasised that estrangement did not absolve Nicholl of his moral obligation towards Gifford. Consequently, the court made a family provision order, directing that Gifford receive a sum from the estate of the deceased to ensure her financial security.