In the matter of the Estate of the late George Darcy Inwood and the Family Provision Act; Bruce Patrick Inwood v Mary Ellen Ewin

The matter before the court was a dispute concerning the estate of the late George Darcy Inwood, between his son, Bruce Patrick Inwood, and his former partner, Mary Ellen Ewin. The dispute centred on the principles of equitable estoppel and the granting of relief under section 9 of the Family Provision Act 1982 (NSW). The court was required to determine whether Mary Ellen Ewin was entitled to a greater share of the estate than that which she would receive under the provisions of the will, and whether Bruce Patrick Inwood was estopped from denying her any such entitlement.

The legal issues before the court were whether the deceased had made a representation or assurance to Mary Ellen Ewin that she would receive a greater share of his estate, whether Mary Ellen Ewin had relied on that representation or assurance to her detriment, and whether it would be inequitable for Bruce Patrick Inwood to deny her any entitlement under the will. The court considered the principles of equitable estoppel, including the need for a clear and unequivocal representation, reliance on that representation, and detriment suffered as a result of that reliance.

The court found that there had been no clear and unequivocal representation made by the deceased to Mary Ellen Ewin, and that any assurances made were vague and non-committal. The court further found that there was no reliance on any such representation, and that any detriment suffered by Mary Ellen Ewin was self-inflicted. The court held that it would be inequitable to grant Mary Ellen Ewin any entitlement under the will, and that Bruce Patrick Inwood was not estopped from denying her any such entitlement. The court therefore dismissed Mary Ellen Ewin's claim for a greater share of the estate.

The court ordered that the estate of the late George Darcy Inwood be distributed according to the terms of his will, with no additional entitlement to Mary Ellen Ewin. The court also ordered that Bruce Patrick Inwood pay Mary Ellen Ewin's costs of the proceedings.