Innes-Irons v Forrest

In the Supreme Court of Victoria, the case of Innes-Irons v Forrest involves a dispute over the eligibility of the plaintiffs, who are the natural children of the deceased, to receive maintenance from the estate of the deceased under the Administration and Probate Act 1958. The plaintiffs, who were adopted out by their natural parents, seek to be considered as eligible persons under section 90 of the Act, which includes within its definition of ‘eligible person’ those who are the children of the deceased, whether adopted or not. The court was tasked with determining whether the plaintiffs, who were adopted out from their natural parents, could be considered eligible persons under the Act, despite the adoption, and whether they had a real prospect of success in their claim.

The primary legal issue the court had to decide was whether the plaintiffs, having been adopted out by their natural parents, could still be considered as children of the deceased under section 90 of the Administration and Probate Act 1958. The court also had to consider whether the adoption, under the Adoption Act 1984 (Vic), severed the relationship between the plaintiffs and their natural parents to such an extent that the plaintiffs could not be deemed eligible persons. The court assessed these issues in light of the legislative intent behind the Acts and the circumstances of the adoptions.

The court held that there was a real prospect that the plaintiffs were eligible persons within the meaning of section 90 of the Administration and Probate Act 1958. It found that the adoption did not sever the relationship between the plaintiffs and their natural parents to the extent that the plaintiffs could not be considered children of the deceased. The court reasoned that the statutory language and the intent behind the Acts suggested that the relationship between an adoptee and their natural parents could persist in certain legal contexts, such as in claims for maintenance from the estate of the deceased. The court dismissed the application for summary judgment on the basis that the plaintiffs had a real prospect of success in their claim.

The court ordered that the application for summary judgment be dismissed and that the matter proceed to trial, allowing the plaintiffs the opportunity to present their case in full. The court's decision ensures that the plaintiffs' claim for maintenance from the estate of the deceased will be considered on its merits, providing a resolution to the eligibility issue raised by the adoption.