Graham v Graham

The case of Graham v Graham involved the Plaintiff, the widow of the deceased, seeking a family provision order out of the estate or notional estate of the deceased and an order designating property as notional estate. The deceased had provided for the whole of his estate to pass to his children by his first marriage. The estate in question was substantial, and the court needed to determine whether provision should be made for the Plaintiff and, if so, the nature of the provision to be made.

The legal issues before the court were whether the deceased had made inadequate provision for the Plaintiff under the Family Provision Act 1969 (Vic) and whether the Plaintiff was entitled to a family provision order. The court had to consider the provisions of the Act, the size and nature of the estate, the deceased's intentions, and the Plaintiff's circumstances and needs.

The court found that the deceased had made no provision for the Plaintiff and that the estate was large enough to support her. The court considered that the deceased had a moral obligation to provide for the Plaintiff, which was not fulfilled. The court also noted that the Plaintiff had been the deceased's carer for many years, which was a significant factor in favour of making a provision order. The court concluded that the Plaintiff was entitled to a family provision order and ordered that a sum of $200,000 be paid to her from the estate. The court also designated a property as part of the notional estate for the purposes of the order.