Lysaght v Lysaght

The plaintiffs, children of the deceased, sought to challenge the validity of the will under the Family Provision Act 1972 (WA), asserting that the deceased had not made adequate provision for them. The deceased had been estranged from the plaintiffs for a significant period, and no testamentary provisions were made in their favour. The court was tasked with determining whether the deceased had made adequate provision for the plaintiffs, as defined by the Act, and whether the plaintiffs' conduct disentitled them from making the claim.

The court examined the definition of "adequate provision" under section 6 of the Act, considering whether the plaintiffs were entitled to a share of the estate for their proper maintenance, support, education, or advancement in life. The court also assessed whether any disentitling conduct by the plaintiffs, such as estrangement, would preclude them from making a claim under the Act. The plaintiffs argued that despite their estrangement, they were entitled to a share of the estate due to their status as adult children of the deceased.

The court concluded that the plaintiffs were not entitled to any provision from the estate, finding that the deceased had made adequate provision for them through life, despite the estrangement. The court held that the plaintiffs' disentitling conduct, their estrangement from the deceased, outweighed any entitlement they might have had under the Act. The court found that the deceased had made adequate provision for the plaintiffs' maintenance, support, education, and advancement in life through life, and that the plaintiffs' estrangement constituted disentitling conduct.

The court dismissed the plaintiffs' application, affirming the validity of the will and the deceased's right to dispose of their estate as they saw fit. The plaintiffs were not entitled to any provision from the estate, and the will remained valid and enforceable.