Harris v Harris

The appeal concerned a family provision claim brought by an adult son against his deceased father's estate. The deceased's will left his entire estate to his widow, the respondent, with no provision made for the appellant. The appellant argued that the primary judge erred in finding that no provision should be made for him under section 59 of the *Succession Act 2006* (NSW).

The central legal issues before the Court of Appeal were whether the primary judge had made errors in assessing the appellant's claim for provision. Specifically, the court considered whether the primary judge had correctly evaluated the appellant's financial circumstances, including his income and expenses, and whether the judge had adequately considered the relevance of the appellant not having sought financial assistance from his father or step-mother during their lifetimes. The court also touched upon the common practice of spouses making mutual wills.

The Court of Appeal ultimately dismissed the appeal, finding no error in the primary judge's conclusions. The court affirmed that the primary judge had correctly assessed the appellant's financial position and the lack of any moral obligation on the part of the deceased to make provision for him. The court granted leave to appeal to the extent necessary and ordered the appellant to pay the respondent's costs.