Howe v Lowry

Howe v Lowry involved a daughter who sought provision from her deceased father's estate under the Family Provision Act 1969 (Qld). The deceased had excluded the plaintiff from his will, instead making a provision for her through a bequest to a charitable organisation. The plaintiff argued that this was not just and equitable, given the father's failure to provide for her in his will. The case was heard in the Supreme Court of Queensland.

The central legal issues concerned the interpretation and application of the Family Provision Act. The court needed to determine whether the deceased's decision to leave the plaintiff out of his will was unreasonable, and if the provision made through the charity constituted an adequate alternative. The court also needed to assess the plaintiff's entitlement to a share of the estate and whether the provision made was just and equitable.

The court held that the deceased's decision to exclude the plaintiff from his will was not unreasonable, given the father's known financial constraints and the bequest to the charity. The court found that the provision made for the plaintiff through the charity was sufficient and equitable. It was noted that the father's intention was to benefit his daughter, and the charitable bequest was a means to achieve that. The court concluded that the provision made was just and equitable, and dismissed the plaintiff's application. The court ordered that the estate be distributed according to the terms of the deceased's will, with the provision for the plaintiff through the charity standing.