McFarlane v Mador

McFarlane v Mador was a case heard by the Supreme Court of New South Wales, concerning a dispute over the estate of a deceased individual. The central issue was whether the de facto partner of the deceased, the claimant, should be granted absolute ownership of a property or merely a life estate. The claimant argued for absolute ownership, asserting that the deceased had promised the property to her during their relationship, and that she should be provided for adequately given the length of the relationship and her future care needs. The deceased's children from a previous marriage opposed the claimant's claim, contending that a life estate would be sufficient, considering the claimant's age and her ability to provide for herself.

The court had to determine the appropriate form of provision for the de facto partner under the Family Provision and Maintenance Act 1972 (NSW). Key considerations included the duration of the relationship, the age of the claimant, and the claimant's future care needs. The court examined whether the claimant had a reasonable expectation of receiving the property, as well as the statutory criteria for making an order for family provision. The court also had to balance the interests of the de facto partner against those of the deceased's children, weighing the length of the relationship and the claimant's needs against the children's entitlement to the estate.

After considering the evidence and arguments presented, the court found that the claimant had a reasonable expectation of receiving the property based on the promises made by the deceased during their relationship. The court acknowledged the length of the relationship and the claimant's future care needs but also took into account her age and capacity to provide for herself. The court determined that a life estate would be adequate provision for the claimant, as it would ensure she had a home and financial security without depriving the children of their rightful share of the estate. Consequently, the court ordered that the claimant be granted a life estate in the property, rather than absolute ownership.