In the Matter of the Inheritance (Family Provision) Act 1972: John Lyall Eckert v Judith Anne Starick, Malcolm Burt Starick and Margaret Daphne Eckert No. SCGRG 92/1858 Judgment No. 4584 Number of Pages 14

This case is an appeal against an order under the Inheritance (Family Provision) Act, 1972, whereby the trial judge directed that the respondent receive a legacy of $50,000 for his maintenance and advancement in life from the residue of his late grandmother's estate. The respondent's mother received a specific devise of land from the estate, but the respondent did not receive any benefit from the estate. The appellant, Judith Anne Starick, the respondent's aunt, argued that the trial judge had erred in finding that the respondent qualified for provision from the estate or, alternatively, that the sum awarded was excessive. The appeal was dismissed by the Full Court of the Supreme Court of South Australia. The Full Court held that the threshold test of the respondent being left without adequate provision for his proper maintenance, education or advancement in life was satisfied and that the trial judge's exercise of discretion to make an award was appropriate. The Full Court also held that it was proper for the residue of the estate to bear the burden of the award. The Full Court emphasized the importance of considering all the circumstances as at the date of the testator's death and all eventualities reasonably foreseeable by the testator, fully apprised of all relevant facts at the relevant time. The Full Court also noted that a grandchild applicant is not required to establish a special claim and that an appellate court is reluctant to interfere with an exercise of discretion under the Act. The Full Court held that the appeal was misconceived and dismissed it.