Loretta Ann Picone v Stephen John Kirkby

Loretta Ann Picone sought a review of the will of her deceased partner, Stephen John Kirkby, arguing that the provisions made for her were inadequate. The dispute came before the Supreme Court of New South Wales, which had to determine whether the will made sufficient provision for the plaintiff, considering the couple's long and happy relationship, the plaintiff's role as a single mother, and her expectation to remain out of the workforce until her children completed secondary education. The court also had to weigh the community expectations regarding the testator's duty to provide for his spouse against the competing claims of the testator's elderly mother and step-siblings.

The court considered the primary duty of the testator to provide for his spouse and children, and the fact that the plaintiff had no other provision made for her in the will. The court examined the reliance on the cost of living report and the provision for private education, which the plaintiff argued were insufficient to meet her needs. The court also took into account the nature of the relationship between the parties, the plaintiff's role as a single mother, and the expectations of the community regarding the testator's duty to provide for his spouse.

After considering all the evidence and arguments, the court found that the provisions made for the plaintiff in the will were inadequate. The court held that the testator had a primary duty to provide for his spouse and children, and that the plaintiff's role as a single mother and her expectation to remain out of the workforce until her children completed secondary education were significant factors to consider. The court also found that the provision for private education was insufficient to meet the plaintiff's needs, and that the competing claims of the testator's elderly mother and step-siblings did not outweigh the plaintiff's entitlement to adequate provision. The court made orders varying the will to provide for the plaintiff's adequate maintenance and support.