Mair v Hastings

The case of Mair v Hastings involved a dispute regarding the distribution of a deceased's estate under the Family Provision Act 1969 (NSW). The plaintiff, Mair, was in a de facto relationship with the deceased, Hastings, for 31 years. Mair was given a life interest in jointly owned real estate, but the estate was left to other beneficiaries, excluding Mair. Mair sought a greater share of the estate under the Act, arguing that proper and reasonable provision had not been made for them.

The court was required to determine whether Mair had made a significant contribution to the estate that warranted a greater share than initially provided for in the will. Additionally, the court had to assess whether the deceased's actions in making provisions for Mair and others were reasonable, given the statutory obligations under the Family Provision Act.

The court found that Mair had indeed made significant contributions to the jointly owned real estate over the course of the relationship. The contributions included both financial support and improvements to the property. The court held that the deceased had not made proper and reasonable provision for Mair under the Act, and thus granted Mair a greater share of the estate. The court emphasised the importance of considering the totality of the relationship and the contributions made by the de facto partner in making its decision.

The final orders of the court were that Mair was to be granted a greater share of the estate, reflecting the contributions made during the long-term relationship. The specific share was not detailed in the summary but was determined to be sufficient to provide for Mair's reasonable needs and contributions.