Mas v The Estate of Gallaty Mas-Gallaty v Gallaty

In the case of Mas v The Estate of Gallaty, the parties involved were the de facto wife and minor son of the deceased, who sought family provision from the deceased's estate. The dispute arose after the deceased's will was challenged by the de facto wife and minor son, who argued that they were not adequately provided for. The matter was brought before the court to determine whether the applicants were entitled to a provision from the estate.

The legal issues before the court included whether the applicants were entitled to make a claim for family provision under the relevant statute and, if so, what the appropriate amount of provision should be. The court was required to consider the relevant statutory criteria, including the applicants' reasonable financial needs and the deceased's capacity to provide for them. The court was also required to consider the evidence presented by both parties and determine whether the applicants had made out a case for family provision.

The court found that the applicants were entitled to make a claim for family provision under the relevant statute. The court considered the evidence presented by both parties and found that the applicants had demonstrated their reasonable financial needs and that the deceased had the capacity to provide for them. The court also found that the applicants had not been adequately provided for under the deceased's will. The court ordered that the applicants be provided with a reasonable provision from the estate.

The court ordered that the de facto wife and minor son be provided with a reasonable provision from the deceased's estate. The exact amount of the provision was not specified in the judgment, but the court noted that it should be sufficient to meet the applicants' reasonable financial needs. The court also noted that the provision should be made from the estate and not from any other source, such as the applicants' own assets or income. The final orders of the court were that the applicants be provided with a reasonable provision from the deceased's estate, and that the executors of the estate take steps to implement the court's orders.