Marshall v Carruthers

In *Marshall v Carruthers*, the New South Wales Court of Appeal considered appeals concerning family provision claims. The dispute centred on whether the provision made by a testator was inadequate for certain beneficiaries, and how the testator's provision for other beneficiaries with legitimate claims should be weighed in determining what was "inadequate" or "proper" for the appellants. The relevance of a surviving partner's marriage and care of children to the strength of their claim was also a factor.

The Court was required to determine the adequacy of the provision made by the testator for the applicants, and to consider the impact of provision made for other beneficiaries with legitimate claims on the assessment of the applicants' claims. The Court also had to assess the weight to be given to the surviving partner's marriage and responsibility for children in the context of a family provision application.

The Court reasoned that the testator's provision for one beneficiary, who had a legitimate claim, was a relevant consideration when assessing the adequacy of provision for another beneficiary with a legitimate claim. The Court emphasised that the testator's intentions, as reflected in their will, should be respected unless there were compelling reasons to interfere. The Court found that the provision made by the testator was not inadequate in the circumstances, and that the applicants had not demonstrated that they were left without adequate provision for their maintenance, education, and advancement in life.

Consequently, in both appeals, the Court allowed the appeals and dismissed the summonses.