Michael v Public Trustee

The case of Michael v Public Trustee involved a claim by the former wife of the deceased for provision under the Family Provision Act 1969 (Vic). The plaintiff, a former wife, sought a share of the deceased's estate, arguing that she had been left without adequate provision for her proper maintenance. The defendant, the Public Trustee, was the executor of the deceased's estate, who left the entire estate to his current widow.

The primary legal issue before the court was whether the plaintiff had discharged the onus of proving that she was left without adequate provision for her proper maintenance. The court needed to assess the plaintiff's financial and material circumstances, the nature and size of the estate, and the competing claim of the current widow, to whom the deceased had left the entire estate. The court also considered whether the plaintiff had fully and frankly disclosed all relevant information concerning her financial circumstances, as required by the legislation.

The court found that the plaintiff had not discharged the onus of proving that she was left without adequate provision for her proper maintenance. The plaintiff had failed to provide full and frank disclosure of her financial circumstances, and the actual estate was not sufficient to accommodate her claim. The court also noted that the potential notional estate, which included assets that were not part of the actual estate, was also insufficient to meet the plaintiff's claim. The court emphasised the importance of full disclosure and the need for an applicant to place before the court all information concerning her financial and material circumstances. The court dismissed the plaintiff's claim.

The court did not make any orders in favour of the plaintiff. The widow remained the sole beneficiary of the deceased's estate.