McCann v Ward & Burgess

In the matter of McCann v Ward & Burgess, the deceased, Mr McCann, left behind a second wife, three children from his first marriage, and two stepchildren. The stepdaughter sought maintenance from the estate, arguing that the deceased had a moral responsibility to provide for her. The deceased's will did not make any specific provision for the stepdaughter, despite the estate being substantial and the children from the first marriage being well provided for. The central issue before the court was whether the deceased should have reasonably foreseen the stepdaughter's current need for financial support and if the will made adequate provision for her. The court also considered the relevance of the factors that led to the stepdaughter's present need.

The court examined the provisions of the Administration and Probate Act 1958 (Vic) sections 91 and 96 to determine the deceased's moral responsibility to the stepdaughter. The court found that the deceased did have a moral obligation to provide for the stepdaughter, given the relationship between them and the stepdaughter's present need. The court held that the will did not make adequate provision for the stepdaughter and that the stepfather ought to have reasonably foreseen her current need. The court also considered the factors causing the stepdaughter's present need and found them relevant in determining the appropriate maintenance amount. The court concluded that further provision should be made for the stepdaughter.

The court ordered the estate to provide additional financial support to the stepdaughter, taking into account her present need and the deceased's moral responsibility towards her. The court found that the stepdaughter's present need was a result of factors that were relevant in determining the appropriate amount of maintenance. The court ordered the estate to pay a specific sum to the stepdaughter as additional maintenance.