Hensley v Verdi Hensley-Verdi v Verdi

In the Family Court of Australia, Hensley commenced proceedings against Verdi, the executor of the estate of her former de facto partner, seeking provision under the Family Provision Act 1969 (Cth). Hensley and Verdi had been in a de facto relationship for 15 years, during which they had a child. The relationship ended when Hensley was left by Verdi, who subsequently died. The dispute centred on the adequacy of the estate to meet all claims, particularly in light of the costs incurred during the relationship and the aftermath of its dissolution. The court was required to determine whether Hensley and her son were entitled to any provision from the estate and, if so, in what amounts.

The court identified the key legal issues as whether Hensley and her son had a sufficient claim against the estate under the Family Provision Act, and if so, what amount should be awarded to each. The court considered the contributions made by Hensley to the relationship and her child, the standard of living enjoyed during the relationship, and the financial circumstances of the estate. The court also needed to balance the claims of Hensley and her son against the interests of other potential beneficiaries, including Verdi’s family. In reaching its decision, the court applied the principles established in previous case law, particularly focusing on the equitable distribution of the estate.

The court concluded that both Hensley and her son had valid claims against the estate. Hensley was awarded an amount that reflected her contributions to the relationship and her child, while her son was awarded an amount that recognised his dependency on Hensley. The court determined that the estate, while not large, could accommodate these claims, particularly given the unique circumstances of the relationship and the contributions made by Hensley. The court emphasised the importance of ensuring that the deceased's former de facto partner and child were provided for in a manner that reflected the nature and duration of their relationship. The court made orders in favour of both plaintiffs, specifying the amounts to be paid to Hensley and her son.