Lesley TRITTON v Leslie David Rogers

In Lesley Tritton v Leslie David Rogers, the court was presented with a dispute under the Family Provision Act. The applicant, Lesley Tritton, sought provision from the estate of Leslie David Rogers, her former de facto partner, who had passed away. The relationship between the applicant and the deceased lasted for five years and resulted in a child. The crux of the dispute was whether the applicant was entitled to a provision from the deceased's estate, considering their separation at the time of his death.

The court had to determine whether the relationship qualified under the Act, despite the separation, and whether the statutory factors outlined in section 16 were sufficiently met. Additionally, the court needed to assess if there was sufficiency of explanation for the deceased’s conduct, and whether there was likely prejudice to both parties. It was also necessary to evaluate if there was any unconscionable conduct, and to consider the moral claim of the applicant as per section 9. The balance between the need created by the relationship and subsequent events needed to be weighed.

The court found that the relationship did qualify under the Family Provision Act, considering the duration and the child born from it. It held that the applicant's moral claim was valid, and that the deceased's explanation for not providing for her was insufficient. The court also acknowledged the potential prejudice to both parties. It concluded that the applicant was entitled to a provision from the estate, taking into account the balance of the factors and the need created by the relationship.

The court ordered that the estate provide a specified amount to the applicant, recognising her need and the contributions she made during the relationship. This decision underscored the importance of the factors outlined in the Act in determining the entitlements of former de facto partners.