Kozak v Matthews

In Kozak v Matthews, the deceased, Mr Kozak, left his entire estate to his daughter, Ms Kozak, and excluded his partner, Mr Matthews, who had been in a relationship with Mr Kozak for 16 years. Mr Matthews applied for relief under the Family Provision Act, seeking a reasonable provision for his maintenance. The court was required to decide whether Mr Matthews was entitled to an order for reasonable provision and, if so, the amount of that provision. The court also had to consider the principles applied in assessing claims under the Act, particularly in relation to the length and nature of the relationship.

The court examined the principles that guide decisions under the Family Provision Act, focusing on the nature of the relationship, the expectations of the applicant, and the circumstances of the deceased at the time of death. The court recognised that the Act is intended to protect family members who have not been provided for by a deceased's will, and it must balance the rights of the testator with the needs of the applicant. In this case, the court considered the length and nature of the relationship, which was a long-term partnership, and the fact that Mr Matthews had relied on Mr Kozak for support during the relationship. The court also noted that Mr Matthews had contributed to the relationship in various ways, including emotional and practical support.

The court concluded that the relationship between Mr Matthews and Mr Kozak was of significant duration and intensity, justifying a finding that Mr Matthews was entitled to reasonable provision for his maintenance. The court ordered that Mr Matthews should receive a reasonable provision, determined to be a sum of $500,000, to be paid from the estate. The court also considered the costs of the application, finding that Mr Matthews was not entitled to an order for costs against Ms Kozak due to the outcome of the application.