Hill v Jennifer Patricia Murphy as beneficiary of the estate of Alec Kumar Sodhy

The matter before the Supreme Court of Western Australia was an application by the plaintiff, Hill, seeking provision for her maintenance and support from the estate of her deceased father, Alec Kumar Sodhy. Hill, the adult daughter, was omitted from her father’s will, which left his entire estate, valued at approximately $3 million, to various beneficiaries including her stepmother, Murphy. Hill applied under section 6(1) of the Family Provision Act 1972 (WA), contending that the deceased had failed to make adequate provision for her maintenance and support. The primary legal issues the court had to resolve were whether the estrangement between Hill and her father impacted her entitlement to claim under the Act and whether the court should make an order providing for Hill’s needs despite the deceased's omission of her from the will.

The court first considered the effect of the estrangement between Hill and her father on her application. While estrangement can be a relevant factor, the court emphasised that it was not determinative. The court noted that the Act is not confined to situations where the deceased and the applicant were on good terms at the time of the deceased’s death. The court also assessed the deceased's reasons for omitting Hill from his will and the extent to which the estrangement contributed to this decision. Ultimately, the court concluded that the estrangement, while significant, did not preclude Hill from making a claim under the Act. The court then considered the deceased’s overall provision for Hill and found that the omission from the will, coupled with the significant value of the estate, warranted an order for adequate provision for Hill’s maintenance and support.

In making its decision, the court found that the deceased had not made adequate provision for Hill’s maintenance and support. The court was persuaded by the substantial value of the estate and the absence of any specific provision for Hill, despite her clear need. The court also took into account the duration and nature of the estrangement, acknowledging its impact but ultimately deciding that it did not absolve the deceased of his obligation to provide for his daughter. The court ordered that the estate provide a lump sum of $750,000 to Hill to meet her reasonable needs for maintenance, support, education, and advancement in life. This order was intended to ensure that Hill could achieve a reasonable standard of living and pursue her life goals without undue financial hardship.