Hunter and Anor. v Public Trustee

Hunter and Anor. v Public Trustee was a matter heard in the Supreme Court of New South Wales. The applicants, Hunter and Anor., sought to make a claim against the estate of their stepmother under the Family Provision Act 1982 (NSW). They argued that the will did not make adequate provision for their maintenance, education, and advancement in life. The Public Trustee, as the executor of the will, opposed the application, arguing that the will made adequate provision for the applicants.

The legal issues before the court were whether the applicants were "dependants" within the meaning of the Family Provision Act and, if so, whether the will made adequate provision for their maintenance, education, and advancement in life. The court had to consider the applicants' financial circumstances and needs, the nature of their relationship with the deceased, and the provisions made for them in the will.

The court found that the applicants were dependants of the deceased within the meaning of the Family Provision Act. However, the court held that the will made adequate provision for the applicants' maintenance, education, and advancement in life. The court found that the applicants were well-established in their careers and had significant financial resources of their own. The court also found that the provisions made for the applicants in the will were reasonable, having regard to the deceased's overall estate and the applicants' relationship with her. The application was dismissed.

The court made no orders for costs.