Lowe v Lowe (No 2)

The proceedings between the parties arose out of the estate of the deceased, John Lowe, who passed away intestate. The second wife, Anne Lowe, sought a greater share of the estate than the statutory portion and also maintenance. The case was heard in the Family Court of Australia. Anne Lowe contended that she had a greater claim to the estate due to her contributions to the deceased's wellbeing and the fact that she had her own home and kept her financial affairs separate from the deceased.

The court was tasked with determining the extent of Anne Lowe's entitlement to the estate under the Family Provision Act 2008. Specifically, the court had to consider whether she was a spouse within the meaning of the Act and, if so, whether she had made a significant financial or non-financial contribution to the deceased's wellbeing. Additionally, the court had to assess whether she was in need of maintenance and support from the estate.

The court held that Anne Lowe was indeed a spouse and found that she had made a significant non-financial contribution to the deceased's wellbeing. The court noted that while Anne had her own home and kept her financial affairs separate from the deceased, she had provided care and support to him in his later years. The court also found that she was in need of maintenance and support from the estate. Accordingly, the court made orders for Anne Lowe to receive a greater share of the estate than the statutory portion and also maintenance.