Johnston v McCallum

The case of Johnston v McCallum involved the daughters of a deceased man, Johnston, contesting the family provision order made in relation to his will. The deceased left a modest grazing estate to his sons, excluding his daughters. The daughters sought additional provision from the estate, arguing that the deceased had failed to make reasonable financial provision for them. The matter was heard in the Supreme Court of Queensland.

The legal issues before the court included whether the deceased had indeed failed to make reasonable financial provision for the daughters, and if so, what amount would be just and equitable to provide to the daughters from the estate. The court had to consider the statutory criteria outlined in section 46 of the Family Provision Act 1964 (Qld), including the deceased's duty to provide for his children, and the respective contributions of the children to the acquisition, preservation, and enjoyment of the estate.

The court found that the deceased had indeed failed to make reasonable financial provision for his daughters, as they had contributed significantly to the family and the estate but had been excluded from the inheritance. The daughters' claims were reasonable in the circumstances, and the court ordered that an additional sum be paid to them from the estate. The court considered the contributions of the daughters, their needs, and the fairness of the distribution in making its decision. The daughters were granted a further provision from the estate, which was deemed just and equitable.