McIntosh v Blatch

In the case of McIntosh v Blatch, the deceased, Mr McIntosh, had left a will that did not provide for his de facto wife, Ms Blatch. Ms Blatch applied to the court for an increased provision under the Family Provision Act. The dispute centred on the adequacy of the provision made for Ms Blatch and whether she should receive a greater share of the estate. The court was tasked with determining the principles applicable to such claims, considering the nature of the relationship, the contributions made by Ms Blatch, and the deceased's overall estate.

The court examined several legal issues, including the proper characterisation of the property as the notional estate and the criteria for making a claim for increased provision. It assessed the relationship between Mr McIntosh and Ms Blatch, their financial interdependence, and the extent to which Ms Blatch had relied on Mr McIntosh. The court also had to decide if the burden of any increased provision should fall on the estate as a whole or on specific assets.

In delivering the judgment, the court found that Ms Blatch was indeed a de facto spouse and thus entitled to make a claim under the Act. It considered the contributions Ms Blatch made to the relationship and the reliance she had on Mr McIntosh. The court concluded that the existing provision was inadequate and ordered an increased legacy in Ms Blatch's favour. The decision emphasised the importance of the principles guiding family provision claims and the need to ensure that de facto spouses are not unfairly disadvantaged compared to spouses in a formal marriage. The court directed that the estate be adjusted to reflect the increased provision for Ms Blatch.