Hancock, Shaun v Parker; Hancock, Lisa v Parker

In the case of Hancock, Shaun v Parker and Hancock, Lisa v Parker, Shaun Hancock, the adult grandson of the deceased, and Lisa Hancock, the adult daughter of the deceased and mother of Shaun, both sought family provision orders under Chapter 3 of the Succession Act 2006 (NSW) against the other adult children of the deceased, who were named as beneficiaries in the deceased's will. Shaun Hancock's application was in the first instance, while Lisa Hancock's application was out of time. The defendants, the other adult children of the deceased, opposed both applications. The primary legal issue was whether inadequate provision had been made in the deceased's will for each plaintiff and, if so, what the nature and quantum of the provision should be.

The court examined the relevant statutory criteria for making a family provision order under the Succession Act. It considered the deceased's conduct and the financial circumstances of the parties, including the defendants. The court determined that both plaintiffs were eligible to apply for a family provision order as they were both children of the deceased. In assessing the claims, the court found that there had been inadequate provision for both Shaun Hancock and Lisa Hancock in the deceased's will. The court further considered the competing financial claims made by the defendants. Ultimately, the court granted family provision orders in favour of both Shaun Hancock and Lisa Hancock, determining the appropriate nature and quantum of the provision for each.