Levingston v Lola May Levingston as Executrix of the Will of Robert Ian Edwin Partridge

The applicant, Levingston, sought to make an application under section 6(1) of the Family Provision Act 1972 (WA) to the Supreme Court of Western Australia. The application was made by the de facto wife of the deceased, Robert Ian Edwin Partridge, seeking a provision from the deceased's estate. Levingston argued that the deceased had failed to make proper provision for her, considering the length and nature of their relationship and her financial needs.

The court was required to determine whether Levingston's application under section 6(1) of the Family Provision Act 1972 (WA) should be successful. The key issues were whether Levingston had a valid moral claim under the act and whether the court should consider her financial needs in making its decision. The court also had to consider whether the deceased's will was a fair reflection of his intentions and whether he had made proper provision for Levingston.

The court found that Levingston had established a valid moral claim under section 6(1) of the Family Provision Act 1972 (WA). The court acknowledged the length and nature of Levingston's relationship with the deceased and found that the deceased had failed to make proper provision for her in his will. However, the court did not consider Levingston's financial needs, as she had not provided sufficient evidence to support her claim. The court found that the deceased's will was a fair reflection of his intentions and that he had made proper provision for Levingston.

The court dismissed Levingston's application and made no orders for provision from the deceased's estate. The court found that Levingston's moral claim was valid but that her financial needs were not sufficient to warrant a departure from the deceased's wishes as expressed in his will.