Lackey v Liddle

The case of Lackey v Liddle involved a former wife, the applicant, who sought financial provision from the estate of her deceased ex-husband. The deceased had not entered into a property settlement agreement with the applicant during their marriage, which was dissolved in 2015. The applicant applied for financial provision under the Family Provision Act, arguing that she was not adequately provided for by the deceased’s will. The matter was heard in the Supreme Court of New South Wales.

The court was required to determine whether the applicant was in "need of maintenance" from the deceased's estate and, if so, whether the amount provided for her in the will was fair and reasonable. The court examined various factors, including the length of the marriage, the applicant's contributions to the marriage, her financial circumstances post-divorce, and the deceased's financial situation at the time of his death. The court also considered the nature and extent of the applicant's contributions, both domestic and financial, during the marriage.

The court found that the applicant had made significant contributions to the marriage, both in terms of homemaking and child-rearing and in providing financial support through her employment. However, the court also noted that the deceased had provided for the applicant in his will, albeit in a modest manner. After weighing all the factors, the court concluded that the amount provided for the applicant in the will was not fair and reasonable. Consequently, the court ordered that the applicant be awarded a legacy of $150,000 from the deceased's estate. This decision recognised the applicant's contributions to the marriage and her current need for financial support.