McGrath and Duncan v Hartley, McCully v Hartley

The applicants in this case were two step-children of the deceased, McGrath and Duncan, and the deceased's de facto partner, McCully. They sought to challenge the validity of the deceased's will, which left the majority of his estate to his natural daughter, who had only known her father for a brief period before his death. The matter was heard in the Supreme Court of New South Wales, where the applicants argued that the deceased had not made adequate provision for them under his will. The legal issues before the court were whether the deceased had exercised his discretion to make provision for the applicants under the Family Provision Act 1969 (NSW), and whether the applicants had established that it was just and equitable for the court to make orders for the provision out of the estate. The court found that the deceased had exercised his discretion to make provision for the applicants, albeit to a limited extent, and that it was not just and equitable to make further orders for their benefit. The applicants' claims were dismissed, and the court made minor orders for provision for the applicants out of the estate. The reasoning of the court was that the deceased had made provision for the applicants by leaving them property worth approximately $200,000 each, which was a substantial amount. The court also found that the applicants had not established that it was just and equitable to make further orders for their benefit, as they had not demonstrated any exceptional circumstances that would warrant such orders. The applicants had failed to show that they were in financial need, or that the deceased had failed to provide for them during his lifetime. The court noted that the applicants had not established a close or affectionate relationship with the deceased, and that their claims were based on a sense of entitlement rather than need. The applicants' claims were dismissed, and the court made orders for provision for the applicants out of the estate in the amount of $10,000 each.